456 results for 'cat:"Search"'.
J. Freudenberg finds the county court properly convicted defendant for DUI. Officers received a call regarding a vehicle that was "all over the road," stopping defendant driving a truck fitting the caller's description. Officers also observed the driver making a too-wide turn, driving the wrong way, and driving on a median. Upon the stop, defendant was seen to have bloodshot, watery eyes, slurred speech, emanating a strong odor of alcohol. A breath test confirmed defendant's alcohol level as being over the limit. Though the stop occurred outside the city limits, a lack of territorial authority under state law does not implicate constitutional questions regarding search and seizure. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: May 17, 2024, Case #: S-22-885, Categories: Constitution, search, Dui
J. Dennis finds the district court properly convicted defendant for transporting undocumented aliens. Defendant was arrested after a Border Patrol canine alerted to the presence of people in his tractor trailer. At trial, defendant sought to suppress, arguing that the dog could not provide reasonable suspicion to search the vehicle because it cannot reliably differentiate between scents of a driver and others concealed in the vehicle. The canine is specifically trained to detect concealed humans, and alerts to stimulus such as respiratory and posture changes. The dog's alerts and indications provided the agent with reasonable suspicion to conduct the search, and defendant's motion to suppress was properly overruled. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: May 17, 2024, Case #: 23-40366, Categories: Immigration, search
J. Wood, in this state interlocutory appeal, finds the circuit court improperly granted the probationer's motion to suppress evidence. The probationer signed a residential search waiver and claims that officers conducted a search without probable cause to believe that the place to be searched is his residence. Officers need only have a reasonable suspicion that the location is the probationer's residence, based on the totality of the circumstances. Reversed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: May 16, 2024, Case #: CR-23-697, Categories: Probation, search
J. Singas finds that the appellate term should have suppressed evidence discovered during a traffic stop in defendant's trial on drug possession charges because whether the windows of defendant's vehicle had been "excessively tinted" to constitute probable cause had been subjective. Reversed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 16, 2024, Case #: 50, Categories: Drug Offender, search
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J. Alley finds a lower court did not err in admitting a confession and evidence obtained via in a warrantless search in the murder trial of a former Border Patrol agent accused of killing multiple women, especially targeting sex workers. Defendant “voluntarily waived his right to remain silent” when he told investigators during an interview that "he was ‘clean[ing] up the streets’ of Laredo,” and multiple legal theories support the authorities’ search of his vehicle. Most notably, they had probable cause for the search, as a purse belonging to a woman who escaped was “in plain view” on his truck's floorboard. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 15, 2024, Case #: 08-23-00025-CR, Categories: Evidence, Murder, search
J. Gravois finds that defendant was properly convicted of second degree murder. The trial court properly denied defendant's motion to suppress evidence extracted from the victim's cell phone because defendant had no possessory interest or reasonable expectation of privacy in the personal property of the victim. Further, defendant's cell phone was properly seized and was examined by the digital forensics unit within the time limitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 15, 2024, Case #: 23-KA-392, Categories: Evidence, search
J. Gaertner finds that the lower court properly convicted defendant of possession of meth. Defendant was under arrest at the time of the search even if officers did not put her in handcuffs or formally state that she was under arrest, as they had informed her she would not be released until after she had been booked. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: May 14, 2024, Case #: ED111402, Categories: Drug Offender, search
J. Fox finds that the lower court properly convicted defendant of drug charges. Defendant claims there was not enough evidence on the record to support the drug conviction, but the drugs in question were found in a small box in defendant's home that defendant was standing right next to when police began their search. This fact alone is enough to establish his possession over the drugs. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: May 14, 2024, Case #: S-23-0215, Categories: Drug Offender, search
J. Henderson finds the trial court erroneously granted defendant's motion to suppress and dismissed the criminal case against him. Even if the arresting officer lacked probable cause to seize defendant when he arrived at the scene of an alleged fight, he identified himself as a police officer when he pursued defendant, which rendered his subsequent resist and assault "new criminal activity" that supported the arrest. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: May 13, 2024, Case #: A-1-CA-40595, Categories: search, Assault
J. Johnson finds that the trial court should not have granted defendant's motion to suppress evidence related to possession of drugs. In this case, the police officers had reasonable suspicion to stop defendant based on his suspicious behavior of attempting to hide from officers, with a bulge in his waistband, while at a parade. Further, the officers were not required to determine whether defendant had a concealed permit for his gun because concealed firearms are not permitted on a parade route. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 10, 2024, Case #: 2024-K-0158, Categories: Drug Offender, Firearms, search
J. Tenney finds that police lacked reasonable suspicion for a traffic stop during which drugs were found. The officer testified that he did not see any traffic violations but stopped defendant because he had recently been stopped for driving without a license. However, the officer did not have any new information about his license status and the months-old citation did not give police reasonable suspicion to detain him. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: May 9, 2024, Case #: 20220313-CA, Categories: Drug Offender, search
J. Gaziano declines to comply with the defendant’s request to create a new rule requiring magistrate judges to view lewd images found by law enforcement before issuing search warrants for alleged possession of child pornography. While it would have been preferable for the trooper who submitted the affidavit to have provided a more thorough description of the photos or attached them to the affidavit, the affidavit was still able to establish probable cause. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: May 9, 2024, Case #: SJC-13454, Categories: search, Child Victims, Child Pornography
J. Thapar finds the trial court properly denied defendant's motion to suppress evidence obtained from a search of his home despite errors on the warrant application. Although the address and tax identification information were incorrect, the application included a detailed description of the property, including the exterior colors and information about a red star attached to the home, that indisputably identified defendant's home as the property to be searched. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 9, 2024, Case #: 23-1585, Categories: Drug Offender, search
J. Cadish finds the trial court properly convicted defendant, by no-contest plea, for being a felon in possession of a firearm. Defendant was pulled over for driving without a license plate light. It was discovered he had an active warrant and he was arrested. Defendant moved to suppress a weapon found during a warrantless search of his vehicle on the basis that the search was not an inventory search, but a ruse to conduct an investigatory search. The search was reasonable under the totality of the circumstances, and no error is found in the court's denial of the motion to suppress. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 9, 2024, Case #: 85564, Categories: Evidence, Firearms, search
J. Seymour finds that the lower court properly granted defendant's motion to suppress his name after he was charged with being a felon in possession of a firearm. The lower court granted the motion to suppress after finding that the name was given as "fruit of an unlawful investigative detention," given that the officers did not have proper suspicion to detain him. The simple facts that defendant was standing alone in a "high crime area" were not enough to justify the detention that led to the arrest. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: May 8, 2024, Case #: 22-1378, Categories: Firearms, search
J. Buller finds that defendant was properly convicted of OWI after showing signs of methamphetamine use during a traffic stop because the excessively loud muffler on defendant's vehicle constituted probable cause to initiate the stop. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: May 8, 2024, Case #: 23-0856, Categories: search, Dui
J. Thissen affirms the defendant's conviction of theft by swindle, finding that search warrants authorizing the seizure and search of her electronic devices were sufficiently particular to survive Fourth Amendment and Minnesota constitutional scrutiny and that the guilty verdict was unattributable to evidence obtained from the search of the defendant's law office. Despite this, law enforcement's search of the law office raises concerns about risks to attorney-client privilege, so the court establishes prospective procedural safeguards for such searches. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 8, 2024, Case #: A22-0468, Categories: search, Theft
J. Hoffman finds defendant's conviction for being a felon in possession of a firearm did not violate his Second Amendment right to bear arms. The states' bans on felons owning firearms is reasonably related to the legitimate government interest of keeping weapons out of the hands of dangerous individuals. Meanwhile, defendant's motion to suppress the results of a search of his home was properly denied by the trial court despite the lack of certain details from the affidavit used by police to secure a search warrant. The confidential informant used by police, despite not being named, had provided correct information in the past, while other details about defendant's drug trafficking out of the home were confirmed by surveillance and established probable cause. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: May 7, 2024, Case #: 2024-Ohio-1760, Categories: Constitution, Firearms, search
J. Land finds that the trial court properly granted defendant's motion to suppress evidence obtained when police approached him in a public area after receiving an anonymous phone tip. Defendant was charged with obstruction of an officer, terroristic threats, interference with government property and possession of a drug-related object. The trial court correctly found that defendant's detention by two police officers was illegal. The officers had no basis for suspecting defendant of being engaged in criminal activity at the time of his initial detention. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 6, 2024, Case #: A24A0331, Categories: search, Obstruction
J. Jackson finds that the trial court properly denied a juvenile's motion to suppress firearms found in the car he was driving. A marijuana blunt in plain sight during a valid traffic stop gave police probable cause to search the car. Open containers of marijuana in a moving motor vehicle are unlawful, marijuana in blunt form is an open container since the wrapping paper does not present a barrier to accessing it and minors may not possess any amount of marijuana. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 3, 2024, Case #: A167331, Categories: Drug Offender, Juvenile Law, search
J. Corrigan finds that the trial court should have suppressed the methamphetamine and revolver police found in defendant's car as the products of an unlawful search. His presence in a high crime area at night, ducking out of sight, fiddling with his shoes and refusing to acknowledge police officers are factors that police are not required to ignore. But they were not acts of outright evasion and did not combine to support an articulable and reasonable suspicion that he was involved in illegal conduct. Reversed.
Court: California Supreme Court, Judge: Corrigan, Filed On: May 2, 2024, Case #: S267522, Categories: Drug Offender, Firearms, search
J. Forrest finds that the district court improperly denied a motion to suppress a firearm found during a warrantless search of defendant’s truck in a case that presented the question of whether an officer’s failure to comply with governing administrative procedures is relevant in assessing the officer’s motivation for conducting an inventory search. The deputies who searched defendant’s truck acted solely for investigatory reasons and the warrantless search therefore violated the Fourth Amendment. Reversed.
Court: 9th Circuit, Judge: Forrest, Filed On: May 2, 2024, Case #: 20-50345, Categories: Constitution, Firearms, 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