11 results for 'cat:"Search" AND cat:"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
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
[Consolidated.] J. Marconi vacates the denial of the defendant’s motion to suppress evidence against her obtained through a police traffic stop used to convict her for driving after suspension and disobeying a police officer. The officer did not have a reasonable suspicion to justify the traffic stop.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: November 2, 2023, Case #: 2022-0253, Categories: search, vehicle
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Per curiam, the North Dakota Supreme Court finds that the district court properly affirmed an administrative suspension of defendant's license. Defendant argues that the hearing officer was incorrect in concluding the community caretaker exception justified a law enforcement officer’s contact with defendant and did not violate his Fourth Amendment rights. Sufficient evidence supported the finding. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 14, 2023, Case #: 2023ND168, Categories: search, vehicle
J. Delaney finds the trial court properly denied defendant's motion to suppress evidence obtained from a search of his vehicle. The police officer's search of his license plate in a database returned a wanted result that gave the officer probable cause to initiate a traffic stop. Meanwhile, the trial court made all required findings before it imposed consecutive sentences, which fell within the relevant statutory range and, therefore, were not unreasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: August 18, 2023, Case #: 2023-Ohio-2897, Categories: search, Sentencing, vehicle
J. Wheelock affirms the district court's denial of a motion to suppress evidence from a lockbox removed from an impounded vehicle six days after the defendant's arrest and his vehicle's impoundment. Law enforcement retained the authority to search the vehicle and containers inside it after the vehicle's impoundment, since no facts or circumstances suggested that the search had become less reasonable in that time. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: July 24, 2023, Case #: A22-1115, Categories: search, vehicle
J. Simons finds that the trial court improperly upheld a city's warrantless towing of lawfully parked and registered vehicles based on unpaid parking tickets. The vehicular community caretaking exception to the warrant requirement of the Fourth Amendment does not apply. The city failed to show that deterring parking violations and enforcing the payment of parking fines meets the requirements of the exception. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: July 21, 2023, Case #: A164180, Categories: search, vehicle
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