190 results for 'cat:"Drug Offender" AND cat:"Search"'.
J. Eckerle finds that defendant was properly convicted of various drug offenses after a substantial quantity of drugs was discovered during a traffic stop because the warrantless search was supported by reasonable suspicion of criminal activity based on an informant's tip. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: June 9, 2023, Case #: 2022-CA-0989-MR, Categories: drug Offender, search
J. Wesley finds that the district court properly convicted defendant based on his conditional guilty plea to possessing drugs with intent to distribute. Defendant contends a hearing should have been held on the validity of the warrant to search his residence since the warrant relied on a police affidavit containing knowingly false statements, but he offered little proof that police deliberately disregarded the truth. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: June 8, 2023, Case #: 21-708-cr, Categories: drug Offender, search
J. Lorello finds that the trial court properly dismissed defendant's post-conviction claim that trial counsel should have tried to suppress the heroin police found in her purse during a traffic stop. Defendant consented to a precautionary search of the purse for weapons before she could retrieve a cigarette lighter. Police were not required to articulate a suspicion that the purse contained a weapon and would not have searched it if she had waited until after the stop to smoke. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 6, 2023, Case #: 49608, Categories: drug Offender, Ineffective Assistance, search
J. Susswein finds that the trial court should have vacated defendant's convictions for possession of controlled substances with intent to distribute. While police observed defendant commit traffic violations, defendant had parked and exited his vehicle before they could effectuate a stop. Meanwhile, the officer observed drugs in the car's floorboard only because defendant had not been allowed to retrieve his own credentials from the car. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein, Filed On: June 6, 2023, Case #: A-2035-21, Categories: drug Offender, search
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J. Miller finds that the trial court properly granted defendant's motion to suppress evidence of drugs found in her vehicle during a traffic stop. Defendant was charged with drug trafficking and possession of a firearm during the commission of a felony. Police officers lacked reasonable suspicion to stop defendant based on two traffic infractions or to detain defendant based on her interaction with another individual at an apartment complex. The trial court determined the officer's testimony was not credible and that no traffic infraction had occurred to justify the stop. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: May 31, 2023, Case #: A23A0153, Categories: drug Offender, search
J. Glasgow finds that the lower court improperly denied defendant's motion to suppress evidence regarding his drug charges. The officer had permission to search the car defendant was in, but that permission did not extend to the backpacks, where the evidence at issue was found. Reversed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: May 31, 2023, Case #: 56861-6-II, Categories: drug Offender, search
[Consolidated.] J. Sabatino finds that the appellate division improperly upheld defendants' convictions on marijuana and weapons charges based on evidence discovered when officers conducted a pat-down and searched the vehicle during a traffic stop initiated for a suspended driver's license. Prolonging the stop to wait for a drug-sniffing dog was not justified in light of the officer's uncertainty that he smelled marijuana. Reversed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: May 30, 2023, Case #: A-4-22, Categories: drug Offender, search, Weapons
J. Vaitheswaran finds that defendant was properly convicted of possession of marijuana, third offense, as a habitual offender because the officer was justified in performing the search after noticing the smell of marijuana emanating from defendant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vaitheswaran, Filed On: May 24, 2023, Case #: 22-0421, Categories: drug Offender, search