190 results for 'cat:"Drug Offender" AND cat:"Search"'.
J. Lewis finds the trial court properly denied defendant's motion to suppress search evidence obtained from a home owned by his father during his trial on drug and weapons charges. The warrant obtained by police was supported by probable cause, including testimony from a confidential informant who observed a large quantity of cocaine inside the residence and the fact that garbage was not routinely taken to the curb for collection despite a significant amount of foot traffic at the property. Meanwhile, defendant's drug and weapons convictions were supported by sufficient evidence, including that he was the primary individual seen going to the home over the course of a two-year investigation, had bills delivered to his name at the address, and was found within arm's reach of a weapon when police executed the search warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 9, 2024, Case #: 2024-Ohio-484, Categories: drug Offender, Evidence, search
J. Wollman finds a lower court properly denied a defendant's motion for a Franks hearing. The defendant, who pleaded guilty to one count of conspiracy to distribute meth and one count of possession of a firearm, argued that she is entitled to relief based on a unlawful search of her home, and that a Deputy used a confidential informant who may have been a drug user with a criminal history. However, the government presented sufficient evidence in court that the Deputy was not aware that the informant had previously taken her checkbook and credit cards to make purchases without permission. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: January 29, 2024, Case #: 23-1338, Categories: drug Offender, search, Conspiracy
J. Gill finds the police violated defendant's Fourth Amendment rights when they encouraged a canine unit to twice enter the open driver's side door of defendant's car without a warrant while the canine was sniffing around the outside of the car during a traffic stop. Despite the state's arguments, the so-called "instinct exception" to the Fourth Amendment's warrant requirement adopted by other jurisdictions for canines that instinctively search inside a vehicle without direction would not apply to defendant's case even if the exception were recognized in Wisconsin. Defendant's judgment of conviction for marijuana and paraphernalia possession is reversed, and the case is remanded so the circuit court can grant her motion to suppress. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: January 23, 2024, Case #: 2020AP001813-CR, Categories: Constitution, drug Offender, search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: drug Offender, search, Weapons
J. Medina finds the trial court should have granted defendant's motion to suppress. Although defendant denied ownership of the black zippered bag found in the car he was driving at the time of his arrest on drug charges, his temporary control over his mother's vehicle grants him standing to challenge the police search of the bag during a towing inventory. Meanwhile, defendant's privacy interest in the contents of the closed bag outweighed the police officer's interest in taking inventory and preventing any stolen property claims after towing, which rendered the warrantless search unreasonable and unconstitutional. Reversed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: January 17, 2024, Case #: A-1-CA-40287, Categories: Constitution, drug Offender, search
J. St. Eve finds that the lower court properly denied defendant's motion to suppress evidence of drugs, cash, and a gun in his apartment after detectives obtained a search warrant based on a tip he was dealing drugs out of his home. The lower court reasonably found the detectives' testimony credible and any misstatements in the affidavit, which was admittedly deficient, were not reckless or intentional. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: January 12, 2024, Case #: 23-1057, Categories: drug Offender, Evidence, search
J. Stegall finds a lower court properly convicted a defendant for intent to distribute marijuana. The defendant argued that his 108 month prison term and 36 months probation was unreasonable based on a warrantless search of a trailer attached to his truck. However, the government presented sufficient evidence in court that the fifth wheel trailer was an extension of his vehicle. Affirmed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: January 12, 2024, Case #: 123,559, Categories: drug Offender, search, Sentencing
J. Tufte finds that the district court properly granted a motion to suppress evidence in a matter involving possession of controlled substances and drug paraphernalia. Defendant argued that he did not consent to a search of the backpack where controlled substances and drug paraphernalia were found. The court determined that the officer did not obtain consent for the search. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND5, Categories: drug Offender, search
Per curiam, the circuit finds that the district court properly convicted defendant of conspiracy to possess heroin, fentanyl, and cocaine with intent to distribute. Police performed an illegal search upon acting on a tip that a quantity of drugs were contained in a vehicle by walking up a residential driveway and lifting a tarp covering the car to get the ID number, and also by bringing in a drug-sniffing dog. However, defendant was properly denied suppression based on the good faith exception to the exclusionary rule, as police apprised a judge of their actions and the VIN was not key in determining probable cause. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 4, 2024, Case #: 22-471, Categories: drug Offender, search
J. McFadden finds that the trial court properly convicted defendant of possession of a controlled substance and correctly denied defendant's motion to suppress evidence of drugs discovered in his shared bedroom. A probation officer for the individual with whom defendant shared the bedroom conducted the warrantless search because the individual recently tested positive for methamphetamine and had given an incorrect home address. Defendant did not expressly refuse consent for the search. Defendant failed to show that he was prejudiced by his trial counsel's failure to pursue the motion to suppress. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 2, 2024, Case #: A23A1421, Categories: drug Offender, Ineffective Assistance, search
J. Maraman finds the trial court properly granted defendant’s motion to suppress evidence in a traffic stop that resulted in his arrest for possession. The officers did not present consistent testimony about the traffic stop and search of defendant’s vehicle, and the court could not find that the officer’s obtained defendant’s consent at any point. The search was therefore unwarranted and unreasonable and subject to dismissal. Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 29, 2023, Case #: CRA22-13, Categories: drug Offender, Evidence, search
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence obtained from two GPS tracking warrants. The lower court properly determined that a wiretap warrant was supported by probable cause and was necessary. The matter stems from a conviction and sentence for defendant's involvement in a conspiracy to distribute controlled substances. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: December 29, 2023, Case #: 21-10296, Categories: drug Offender, Evidence, search
J. Stiglich finds the trial court improperly convicted defendant for drug trafficking. Defendant was arrested after contraband was found in his vehicle pursuant to a traffic stop for a partially obscured license plate. The license plate frame that partially obscured the word "Nevada" on the plate does not constitute foreign materials within the meaning of the applicable statute. The plate is clearly legible if the required registration information is identifiable. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85271, Categories: drug Offender, search
J. Powers finds the trial court erred in denying defendant’s motion to suppress evidence because the officer’s question expanded the scope of the traffic stop without an independent constitutional justification. “Officer’s inquiry violated the subject-matter limitation that Article I, section 9, imposes on investigatory stops given the circumstances in which it arose and that the state did not meet its burden to prove that the violation did not affect defendant’s subsequent consent to a patdown and search of his pockets.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: A173064, Categories: drug Offender, Evidence, search
J. Chaney finds the lower court improperly denied defendant’s motion to suppress evidence. Defendant entered conditional guilty pleas to firearm possession by a convicted violent felon and two counts of possession of a controlled substance with intent to distribute. Case evidence was obtained by police through a warrantless search of defendant’s vehicle during a traffic stop that was excessive in length and scope. The search was unlawful, so the convictions must be vacated. Reversed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: December 28, 2023, Case #: 1478-22-2, Categories: drug Offender, Firearms, search
J. Fenn finds that the lower court properly denied defendant's motion to suppress drug evidence during his trial for possession of cocaine. Defendant claims police entered his apartment without his consent or a warrant, but police were there to investigate a domestic violence report and one of the alleged victims gave implied consent to enter the apartment through her nonverbal gestures. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: December 28, 2023, Case #: S-23-0034, Categories: drug Offender, search
Per curiam, the appellate division finds that defendant was improperly convicted of drug and weapons charges after each were found in his basement. Defendant failed to demonstrate he had a reasonable expectation of privacy in the basement, a storage area not associated with his apartment, but the court should have evaluated the admissibility of evidence obtained under a phone warrant. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: KA 20-00312, Categories: drug Offender, search, Weapons
J. Delaney finds that although defendant's vehicle did not move during the drug transaction, her convictions for drug trafficking were supported by sufficient evidence, including the large quantities of meth found in the vehicle, along with her admissions to police she had "done this several times" with the other individuals arrested after the transaction. Meanwhile, defendant's motion to suppress was properly denied because police had legitimate reasons to make their initial approach to her vehicle, including out-of-state license plates and a prolonged stop at the gas station, which was a known trafficking location. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4691, Categories: drug Offender, Evidence, search
J. Aarons finds that the lower court properly convicted defendant of drug possession and using drug paraphernalia after both were found in plain sight by police executing a no-knock warrant at an apartment. Defendant challenged the finding that he constructively possessed the contraband, but he had keys to the apartment in his jacket pocket, which he had police retrieve from another room while he was being arrested. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 21, 2023, Case #: 110325, Categories: drug Offender, search
J. Scott finds that the lower court properly declined to suppress evidence obtained in a traffic stop in defendant's trial for carrying weapons because the vehicle in which plaintiff had been riding as a passenger was observed crossing the center line, and the stop was justifiably extended after the officer smelled marijuana coming from the vehicle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 20, 2023, Case #: 22-0023, Categories: drug Offender, search, Weapons
J. Tjoflat finds that the district court properly convicted defendants of drug offenses including possession with intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. The district court correctly denied defendants' motions to dismiss the indictment for lack of jurisdiction. Cameroon validly waived jurisdiction over defendants' prosecutions. The district court also correctly denied defendant's motion to suppress evidence including evidence of cocaine found on board the vessel and defendant's statement after arriving in the United States. There was reasonable suspicion that the vessel was engaged in illegal activity. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: December 20, 2023, Case #: 21-12702, Categories: drug Offender, search, Jurisdiction
J. Cannataro finds that the appellate division should have suppressed evidence uncovered during a traffic stop when a drug-sniffing dog alerted that defendant likely had narcotics in his pants because whether the dog made actual contact with defendant was immaterial since his "personal dignity" and privacy were violated by the police-directed sniffing. Meanwhile, the appellate division lacked jurisdiction to resolve whether reasonable suspicion existed to justify the sniff-search since the lower court had not entered an adverse decision on that issue. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: December 19, 2023, Case #: 95, Categories: drug Offender, search
Per curiam, the circuit finds the district court improperly denied defendant's petition for an extraordinary writ based on facts coming to light after defendant's trial for conspiracy to distribute marijuana. Defendant has always contended that he purchased marijuana for personal consumption only, never conspiring with the seller to distribute, while evidence has been shown that his guilty plea was the product of “abusive, over-reaching, and unconstitutional tactics” by the investigating DEA agent. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 19, 2023, Case #: 23-30141, Categories: drug Offender, Prosecutorial Misconduct, search
J. Zamora finds that because defendant parked his grandmother's vehicle lawfully in front of her residence when he was pulled over for a broken taillight, the police search of the vehicle prior to towing and impound that led to the discovery of drug paraphernalia was unreasonable and violated his Fourth Amendment rights. Although the registered owner of the car was not there at the time of the search, it was not in an open area, as the arresting officer claimed, but was lawfully parked where there was no increased threat of theft or property damage, which precluded a warrantless search. Affirmed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: December 18, 2023, Case #: S-1-SC-39186, Categories: drug Offender, search, Vehicle
J. Shepherd finds a lower court properly denied a defendant's motion to suppress evidence located by authorities during a traffic stop. The defendant, who disclosed that he was travelling to Las Vegas, argued that the State troopers did not have reasonable suspicion to search his vehicle. However, the government presented sufficient evidence in court that the defendant, who has "extremely rotting teeth," was profusely sweating and exhibiting nervous behavior, possessed a firearm, ammunition, and meth, which was discovered during a drug dog alert. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 14, 2023, Case #: 23-1012, Categories: drug Offender, Evidence, search