47 results for 'cat:"Drug Offender" AND cat:"Evidence" AND cat:"Search"'.
J. MacIver finds the trial court properly denied defendant's motion to suppress evidence in a case resulting in his conviction of one count of possession of drug paraphernalia after he pleaded no contest. Defendant's arguments under the Fourth Amendment against officers stopping him while he was parked in the parking lot of a closed CVS, detaining him and searching his car to find a duffel bag containing marijuana and paraphernalia fail, in part because the record shows officers had probable cause to detain defendant and search his car. Affirmed.
Court: Florida Courts Of Appeal, Judge: MacIver, Filed On: October 27, 2023, Case #: 23-0118, Categories: drug Offender, evidence, search
J. Virden finds the trial court properly convicted defendant for possession of meth and drug paraphernalia. Defendant was stopped while driving due to the arresting officer’s previous knowledge of his license suspension. The officer observed a glass pipe with a crystalline substance in the vehicle. Upon a search, he found digital scales and a baggie of 6.8 grams of meth. Defendant says that the officer’s testimony regarding defendant’s surprised reaction to the officer's seeing the pipe was speculative and misleading because it implied defendant knew of the pipe despite the lack of any evidence. The argument is not preserved for review. All evidence supports conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CR-23-141, Categories: drug Offender, evidence, search
J. Gruber finds the circuit court properly revoked defendant’s suspended imposition of sentence, sentencing him to 54 months in prison on his guilty-plea convictions for meth possession and battery. An officer who participated in the search of a hotel room that defendant was seen directly outside of testified that defendant admitted that drugs that were found were his. This testimony was sufficient to establish that defendant had violated the terms and conditions of his suspended sentence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 25, 2023, Case #: CR-23-204, Categories: drug Offender, evidence, search
J. Neeley finds the trial court properly convicted defendant for possession with intent to deliver meth, sentencing him to 65 years in prison. Defendant did not file a pretrial motion to suppress challenged evidence, and did not object when a shotgun, a jar containing 8-balls of meth, and a rifle, magazine, and ammunition were offered into evidence. His challenge to suppress the evidence obtained through warrant is not preserved for review. All evidence is sufficient to support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 18, 2023, Case #: 12-22-00283-CR, Categories: drug Offender, evidence, search
J. Arterburn finds the trial court properly convicted defendant for possession of meth, sentencing her to two years of probation. Defendant, who was not part of the officers' investigation, consented to their search of the apartment she shared with the suspect after he had been arrested. Defendant consented to a search of her bedroom, where a pipe containing drug residue was found. All evidence supports the conviction and was properly allowed and entered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: September 26, 2023, Case #: A-22-641, Categories: drug Offender, evidence, search
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J. Neeley finds the trial court properly convicted defendant for possession of meth in an amount less than one gram. The court properly overruled defendant’s motion to suppress evidence discovered during a search of his vehicle as he and a passenger were parked in a stranger’s driveway. The officer had probable cause due to his observation of defendant’s unusual movements, speech and demeanor, along with the passenger’s frequent interjections. The behaviors caused the officer to suspect criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 6, 2023, Case #: 12-22-00235-CR, Categories: drug Offender, evidence, search
J. Wise finds the trial court properly denied defendant's motion to suppress because the driver's failure to signal prior to turning into a parking lot gave the arresting officer a legitimate reason to initiate a traffic stop, while the K-9 unit's alerting to drugs in the car allowed the officer to conduct a warrantless search of the vehicle. Meanwhile, even though defendant's fingerprints were not found on the bag that contained the drugs, the bag was located on the floor of the passenger seat in which he was located before he exited the vehicle, which was sufficient for the jury to convict him on drug possession charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: August 10, 2023, Case #: 2023-Ohio-2783, Categories: drug Offender, evidence, search
J. Crone finds the lower court properly convicted defendant of possession of methamphetamine and drug paraphernalia. Defendant now argues that the search conducted in her residence is unconstitutional and the evidence obtained from the search should not be admissible. But during her trial, defendant stated she had no objection to the admission of the evidence, and as such, the instant court will not review her claims for error. Affirmed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: August 7, 2023, Case #: 23ACR327, Categories: drug Offender, evidence, search
J. Weissmann finds the lower court improperly denied defendant’s motion to suppress evidence obtained without a warrant. The smell of marijuana led officers to defendant’s door one evening, where they proceeded to knock and speak to the defendant. Based on the strong marijuana odor coming from the home, officers removed defendant from his home and entered the dwelling without a warrant. Once inside, officers observed drug paraphernalia and a gun and a warrant was then sought. The instant court finds that responding officers lacked authority to enter defendant’s home without a warrant, and the subsequent warranted searches were tainted by the warrantless entry. The matter is remanded for further proceedings. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: August 3, 2023, Case #: 22ACR2581, Categories: drug Offender, evidence, search
J. Gray finds that the lower court properly denied a motion to suppress evidence regarding defendants' drug convictions. They moved to suppress more than 300 pounds of marijuana found during a traffic stop, with defendants claiming the trooper pursued their car without probable cause. The pursuit and subsequent stop stemmed from expired registration on the vehicle, which is a well established justification for a traffic stop. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 14, 2023, Case #: S-22-0302, Categories: drug Offender, evidence, search
J. Niemeyer finds the lower court properly dismissed the defendant's motion to suppress evidence finding the defendant carrying large amounts of meth from a vehicle search. The officers had reasonable suspicion to stop him after seeing him at a common drug trafficker hangout and knowing his previous history as a convicted drug dealer. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: June 22, 2023, Case #: 21-4634, Categories: drug Offender, evidence, search