11 results for 'cat:"Drug Offender" AND cat:"Vehicle"'.
J. Troutman finds that the appellate term should have suppressed statements defendant made during a traffic stop in which he admitted to possessing drugs because probable cause had been insufficient to initiate the stop, even under a police "community caretaking" role, based solely on the belief that the rapid open-close of a passenger door on a moving vehicle might signal distress. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: May 21, 2024, Case #: 51, Categories: drug Offender, Search, vehicle
J. Pirtle finds the trial court properly convicted defendant for operating a motor vehicle to avoid arrest. Officers conducting surveillance on a home saw defendant drive by and, while following him, defendant began driving at excessive speeds and making sudden turns. Pursuit was ended for safety concerns and officers identified defendant through vehicle registration records and his prior booking photos. Sufficient evidence supports the conviction, and all factors were properly considered in sentencing him to two years in prison, as well as a license suspension. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 7, 2024, Case #: A-23-721, Categories: drug Offender, Escape, vehicle
J. Golemon finds the trial court properly convicted defendant for felony possession of PCP. After defendant was pulled over for failure to stop at a stop sign, an officer observed he was defensive and confused. When asked for ID, defendant produced a Crown Royal bag from his pant leg. This prompted the officers, along with other indicators of intoxication, to have defendant exit the vehicle. A search yielded the PCP. The court was not required to instruct the jury on conflicting evidence regarding whether defendant had run the stop sign in the first place. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-22-00406-CR, Categories: drug Offender, Search, vehicle
J. Gruber finds the trial court properly convicted defendant for possession of a controlled substance, sentencing her as a habitual offender. After defendant was stopped for expired tags, the officer smelled marijuana inside the car. He learned defendant's driver’s license was suspended and there was a search waiver on file. He then found a small bag of meth in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 14, 2024, Case #: CR-23-270, Categories: drug Offender, Search, vehicle
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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
Per curiam, the appeals court finds the trial court properly convicted defendant for possession of a controlled substance. Body camera footage shows the arresting officer approach defendant’s vehicle after observing suspicious behavior, and defendant was found to be hiding under the steering wheel. A parking violation, as well as defendant’s suspicious behavior, gave the officer probable cause to search the vehicle, where a glass pipe containing cocaine was found. All evidence supports the conviction, and the court of appeals grants counsel’s motion to withdraw. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 11, 2023, Case #: 12-22-00324-CR, Categories: drug Offender, Evidence, vehicle
J. Prata finds the trial justice improperly granted defendant's motions to suppress evidence of approximately 94 pounds of marijuana seized from a vehicle during a traffic stop. There was reasonable suspicion to prolong the traffic stop after detecting a slight odor of marijuana. Vacated.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: July 27, 2023, Case #: 21-153, Categories: drug Offender, vehicle
Per curiam, the appellate division finds that the trial court properly convicted defendant of drug charges and unlicensed operation of a motor vehicle after he got into an altercation with a driver who threw a bottle at defendant's car, as defendant approached the driver with his fists closed in an aggressive manner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: KA 17-02102, Categories: drug Offender, vehicle