14 results for 'cat:"Criminal Procedure" AND cat:"Search"'.
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: criminal Procedure, search, Sex Offender
J. Panella finds that the lower court improperly granted defendant’s petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The police officer’s testimony showed there was probable cause to believe defendant had attempted injure the officer in the performance of his duty. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: criminal Procedure, Habeas, search
J. Mize finds the trial court properly denied the defendant’s motion to suppress evidence obtained of his bag obtained during a warrantless search. He lacks a standing to contest the search of the bag because it was abandoned on residential property, and he relinquished any expectation of privacy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 19, 2024, Case #: 6D23-1787, Categories: criminal Procedure, search, Property
J. Massing reverses an order partially allowing the defendant’s motion to suppress geographic location data from two mobile phones and a cell phone. The search warrant applications established probable cause to believe that the defendant used the phones during the period of time he’s suspected of committing crimes. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: April 18, 2024, Case #: 23-P-21, Categories: criminal Procedure, Evidence, search
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J. Ditkoff affirms the defendant’s conviction of possession of fentanyl. Search warrants authorizing searches of any person present include people who remain in the vicinity of the property the search warrant is authorized for, even if they have left the property itself, as long as they were on the property during the execution of the warrant. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: March 11, 2024, Case #: 23-P-250, Categories: criminal Procedure, Drug Offender, search
J. Troutman finds that the appellate division properly upheld defendant's conviction for weapon possession after a loaded firearm was found in his vehicle when marijuana was observed therein at a traffic safety checkpoint. Defendant challenged being singled out, but officers were merely stopping every third car at the roadblock and the marijuana was plainly visible. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of a home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: November 21, 2023, Case #: 63, Categories: criminal Procedure, Firearms, search
J. Halligan finds that the appellate division properly held that an inventory search of an illegally parked vehicle slated to be towed had not been performed as pretext to uncover two handguns and money. Defendant contends police failed to consider alternatives to towing as outlined in department procedures, but no such valid option was available. Meanwhile, defendant failed to challenge being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 67, Categories: criminal Procedure, Firearms, search
[Consolidated.] J. Trapp the trial court properly denied defendant's motion to suppress during his drug case. Eyewitness testimony from a detective who saw a hand-to-hand drug deal by defendant immediately before he left the parking of a hotel and several traffic infractions gave police probable cause to initiate a traffic stop and detain defendant until a K-9 search of his vehicle could be completed. Meanwhile, because each of defendant's drug indictments involved actions taken on different days in separate locations, the trial court properly joined them for a single trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: November 13, 2023, Case #: 2023-Ohio-4098, Categories: criminal Procedure, Drug Offender, search
J. Egan finds that a petition seeking review of the validity of a search warrant issued in the early days of the Covid-19 pandemic, when courts were open only for "essential" proceedings, should be dismissed. Defendant, indicted with dozens of others as participants in a drug-trafficking ring, should have moved to suppress evidence.
Court: New York Appellate Divisions, Judge: Egan, Filed On: October 26, 2023, Case #: 535582, Categories: criminal Procedure, search
J. Murray finds that the lower court properly sentenced defendant, who objects to all physical evidence found during a warrantless search conducted prior to his arrest, for carrying a firearm without a license and public drunkenness. Police searched defendant’s person, bag and vehicle prior to his arrest so that defendant could be quickly transported by ambulance to the hospital for treatment due to his heavy intoxication. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: October 24, 2023, Case #: J-S34036-23, Categories: criminal Procedure, Firearms, search
J. Bilbrey finds that the trial court improperly denied the state's motion to continue a hearing regarding suppression of evidence related to DUI charges because the state performed due diligence in serving a police officer, and his testimony was vital to the issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: June 14, 2023, Case #: 1D22-8, Categories: criminal Procedure, search, Dui
J. Getty agrees with the lower court that because a stolen license plate was visible to a police officer inside a driver’s car, the officer had a right to a warrantless search of the glove compartment. The driver argues that the officer had no right to the search because he was looking for evidence of a crime the driver didn’t commit, theft of a vehicle. This is not true, however, and therefore the search was justified because the officer ultimately arrested the driver for stolen plates as he suspected.
Court: The Appellate Court of Maryland, Judge: Getty, Filed On: June 1, 2023, Case #: C-02-CR-21-000839, Categories: criminal Procedure, search, Vehicle