47 results for 'cat:"Drug Offender" AND cat:"Evidence" AND cat:"Search"'.
J. Stevens upholds defendant's drug conviction and 40-year sentence. He argues that, since he was only staying at the apartment temporarily and was not the sole occupant of the apartment, the state failed to prove beyond a reasonable doubt that he knowingly possessed methamphetamine. However, "the logical force of the evidence strongly links” defendant to the illegal drug. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-223, Categories: drug Offender, evidence, search
J. Abele finds the trial court properly denied defendant's motion to suppress in his guilty-plea case to trafficking in cocaine. His failure to use headlights at night gave the arresting officer probable cause to initiate a traffic stop, while his story he intended to stay in West Virginia for several days - one contradicted by his rental car agreement, which required the return of the vehicle to Chicago the following day - was enough to establish probable cause for a search with the officer's canine unit. Although the "field test" weight of the cocaine found in defendant's vehicle differed from that established by subsequent lab tests, the trial court properly admitted the cocaine into evidence because the prosecution established a proper chain of custody and the weight discrepancy was addressed by an expert witness at trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 10, 2024, Case #: 2024-Ohio-1460, Categories: drug Offender, evidence, search
J. Erickson finds the lower court properly declined to suppress 66 pills, methamphetamine, and marijuana in defendant's trial for possession with intent to distribute a controlled substance. Defendant, who entered a conditional plea, contends the court improperly ruled that the search of his backpack had been voluntary, but evidence indicates that the mother of defendant's child was entitled to turn over the backpack, and that she consented to the search because her phone was inside. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 5, 2024, Case #: 23-2179, Categories: drug Offender, evidence, search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Brennan reverses the suppression of 50 vials of THC and the defendant’s admission that he was doing something wrong to make some extra money. The police detective who stopped the defendant acted on a reasonable suspicion when he stopped him, based on the detective’s extensive background observing and intercepting drug transactions, and the seller and defendant’s behavior.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: April 2, 2024, Case #: 23-P-358, Categories: drug Offender, evidence, search
J. Virden finds the trial court properly convicted defendant for meth possession with the purpose to deliver based on sufficient evidence. An officer staking out a known drug house saw defendant pull up in his vehicle, stopped him, and found baggies with meth on his person. Furthermore, a search of his vehicle yielded various amounts of meth, as well as baggies. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-337, Categories: drug Offender, evidence, search
J. Lewis finds the trial court erroneously denied defendant's motion to suppress evidence obtained from a search of his person. Although police had a warrant to search his residence, he was driving a few blocks away from the property when officers arrived, which rendered their traffic stop and detainment unconstitutional. Defendant was seen leaving his home immediately before he was pulled over, but because there was no suspicion of criminal conduct, officers were not permitted to search him or take his cell phone; therefore, because evidence from the phone permeated the entire trial, defendant's drug trafficking convictions will be vacated and the case remanded. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: March 15, 2024, Case #: 2024-Ohio-981, Categories: drug Offender, evidence, search
J. Holloway finds the lower court properly convicted defendant of possession with intent to sell or deliver more than .5 grams of methamphetamine within 1,000 feet of a public elementary school, possession of drug paraphernalia, driving on a suspended license and violation of the financial responsibility law. During the course of a traffic stop outside an elementary school, defendant's vehicle was searched as a K-9 indicated the possible presence of narcotics. The lower court found the officers had probable cause for the traffic stop as they believed defendant was driving with his license suspended, officers also had a warrant for defendant’s arrest prior to the stop, and since defendant was on probation, his cell phone was subject to a warrantless search. Defendant received an effective sentence of 25 years incarceration. The instant court finds defendant is not entitled to relief in this matter. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: March 13, 2024, Case #: E2022-01661-CCA-R3-CD, Categories: drug Offender, evidence, search
J. Harrison finds the trial court properly convicted defendant by conditional guilty plea for charges related to drug and drug paraphernalia possession, and firearm possession. Defendant reserved the right to challenge the denial of his motion to suppress evidence recovered in a warrantless search of his pickup truck prompted by a drug dog alert. The dog died from cancer soon after the search, and its success record was lost due to a computer crash. The dog's alert was not the only fact contributing to probable cause. The officer also saw defendant's vehicle moving erratically and smelled marijuana inside. This alone can provide probable cause for a vehicle search. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 13, 2024, Case #: CR-23-35, Categories: drug Offender, evidence, search
J. Murphy finds the trial court properly convicted defendant for drug trafficking and firearms charges. Officers conducted a search of defendant's home based upon information from a different investigation for theft, finding a white crystal substance in plain sight. The ensuing warranted search yielded several glass pipes, as well as digital scales and plastic bags containing particles of meth. Over three pounds of meth were also seized, as well as rifles and $16,000 in cash. Evidence concerning an untested substance was relevant and admissible, and not outweighed by any possible prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: v, Filed On: February 21, 2024, Case #: CR-23-103, Categories: drug Offender, evidence, search
J. Lewis finds the trial court properly denied defendant's motion to suppress search evidence obtained from a home owned by his father during his trial on drug and weapons charges. The warrant obtained by police was supported by probable cause, including testimony from a confidential informant who observed a large quantity of cocaine inside the residence and the fact that garbage was not routinely taken to the curb for collection despite a significant amount of foot traffic at the property. Meanwhile, defendant's drug and weapons convictions were supported by sufficient evidence, including that he was the primary individual seen going to the home over the course of a two-year investigation, had bills delivered to his name at the address, and was found within arm's reach of a weapon when police executed the search warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 9, 2024, Case #: 2024-Ohio-484, Categories: drug Offender, evidence, search
J. St. Eve finds that the lower court properly denied defendant's motion to suppress evidence of drugs, cash, and a gun in his apartment after detectives obtained a search warrant based on a tip he was dealing drugs out of his home. The lower court reasonably found the detectives' testimony credible and any misstatements in the affidavit, which was admittedly deficient, were not reckless or intentional. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: January 12, 2024, Case #: 23-1057, Categories: drug Offender, evidence, search
J. Maraman finds the trial court properly granted defendant’s motion to suppress evidence in a traffic stop that resulted in his arrest for possession. The officers did not present consistent testimony about the traffic stop and search of defendant’s vehicle, and the court could not find that the officer’s obtained defendant’s consent at any point. The search was therefore unwarranted and unreasonable and subject to dismissal. Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 29, 2023, Case #: CRA22-13, Categories: drug Offender, evidence, search
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence obtained from two GPS tracking warrants. The lower court properly determined that a wiretap warrant was supported by probable cause and was necessary. The matter stems from a conviction and sentence for defendant's involvement in a conspiracy to distribute controlled substances. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: December 29, 2023, Case #: 21-10296, Categories: drug Offender, evidence, search
J. Powers finds the trial court erred in denying defendant’s motion to suppress evidence because the officer’s question expanded the scope of the traffic stop without an independent constitutional justification. “Officer’s inquiry violated the subject-matter limitation that Article I, section 9, imposes on investigatory stops given the circumstances in which it arose and that the state did not meet its burden to prove that the violation did not affect defendant’s subsequent consent to a patdown and search of his pockets.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: A173064, Categories: drug Offender, evidence, search
J. Delaney finds that although defendant's vehicle did not move during the drug transaction, her convictions for drug trafficking were supported by sufficient evidence, including the large quantities of meth found in the vehicle, along with her admissions to police she had "done this several times" with the other individuals arrested after the transaction. Meanwhile, defendant's motion to suppress was properly denied because police had legitimate reasons to make their initial approach to her vehicle, including out-of-state license plates and a prolonged stop at the gas station, which was a known trafficking location. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4691, Categories: drug Offender, evidence, search
J. Shepherd finds a lower court properly denied a defendant's motion to suppress evidence located by authorities during a traffic stop. The defendant, who disclosed that he was travelling to Las Vegas, argued that the State troopers did not have reasonable suspicion to search his vehicle. However, the government presented sufficient evidence in court that the defendant, who has "extremely rotting teeth," was profusely sweating and exhibiting nervous behavior, possessed a firearm, ammunition, and meth, which was discovered during a drug dog alert. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: December 14, 2023, Case #: 23-1012, Categories: drug Offender, evidence, search
J. Wood finds the circuit court properly denied defendant's petition for post-conviction relief from his conviction for multiple drug-related felonies. The presence of an HBO documentary film crew during the search of defendant's home did not violate rights against unreasonable search and seizure. Any questions as to the legality of the film crew's presence would not render the judgment void. Counsel pursued evidence suppression and claims of ineffective assistance are not supported. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: December 7, 2023, Case #: CR-23-160, Categories: drug Offender, evidence, search
[Consolidated] J. Johnson finds the trial court properly convicted defendant for possession with intent to deliver a controlled substance and unlawful possession of a firearm by a felon based on sufficient evidence. The arresting officer had reasonable suspicion to conduct a search the vehicle defendant was driving as defendant was not the registered owner, was behaving nervously and the car's registration was not current. The officer discovered various drugs, as well as a shotgun in the vehicle. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00145-CR, Categories: drug Offender, evidence, search
J. Atkins finds that the trial court should not have granted defendant's motion to suppress drug evidence. The officer searched defendant's residence under a warrant based on a confidential informant buying cocaine from someone at the residence. Further, the officer explained in his affidavit that he had been surveilling the residence before the controlled buy and observed visits "indicative of narcotic activity." Therefore, there was probable cause for the warrant. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: November 20, 2023, Case #: 2023-K-0690, Categories: drug Offender, evidence, search
J. Delaney finds the trial court properly denied defendant's motion to suppress during his drug case. Testimony from several confidential informants and a 14-month ongoing investigation by police that included several controlled buys were sufficient to establish probable cause for a search warrant at defendant's residence. Furthermore, DNA evidence from various items at the home used to manufacture drugs and testimony from eyewitnesses who purchased drugs from defendant were sufficient to convict defendant of all the trafficking charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: November 17, 2023, Case #: 2023-Ohio-4160, Categories: drug Offender, evidence, search
J. Riedmann finds the trial court properly convicted defendant for two counts of possession of a controlled substance. Defendant does not claim or make a preliminary showing the investigator knowingly omitted information about photographs of stolen property shot by the informant, and the search warrant affidavit contained statements of sufficient probable cause and led to the discover of the drugs. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: November 14, 2023, Case #: A-23-082, Categories: drug Offender, evidence, search
J. Moore finds the trial court properly convicted defendant for possession of fentanyl with intent to distribute. The arresting officer had probable cause to search the vehicle, and no coercive tactics were used for defendant's compliance. Dash cam footage shows defendant was nervous upon being stopped, and he revealed the contents of a suitcase in the vehicle without prompting and voluntarily admitted to marijuana possession. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 14, 2023, Case #: A-22-909, Categories: drug Offender, evidence, search
J. Gwin finds defendant's drug trafficking conviction was supported by sufficient evidence despite the lack of an overt act. More than 11 grams of methamphetamine was found in defendant's bedroom, while a scale and plastic baggies were also recovered, all of which was circumstantial evidence indicating defendant intended to distribute the drugs. Furthermore, the trial court properly denied defendant's motion to suppress because police had three active warrants against him and his grandmother let them into the house when they executed the warrants. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 14, 2023, Case #: 2023-Ohio-4099, Categories: drug Offender, evidence, search
J. Colins finds that the lower court properly sentenced defendant for possessing crack cocaine with intent to deliver and related charges. Defendant failed to contest that the police officer who pulled defendant over for a traffic stop had reasonable suspicion to search the vehicle after the initial confrontation. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: November 7, 2023, Case #: J-S29040-23, Categories: drug Offender, evidence, search
J. Pirtle finds the trial court properly convicted defendant for possession of meth with intent to distribute and carrying a concealed weapon. After defendant was stopped for a faulty headlight, he provided the officer with a Mexican ID card, a vehicle registration without his name and proof of insurance with his name. Defendant did not speak English and communication was facilitated using Google Translate. Defendant responded “sí” when the officer asked to search the vehicle. The search yielded over a pound of meth, baggies and a handgun. Defendant’s motion to suppress was properly denied because “the evidence is clear that [defendant] knew what was being asked.” Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 31, 2023, Case #: A-23-045, Categories: drug Offender, evidence, search