195 results for 'cat:"Drug Offender" AND cat:"Search"'.
Per curiam, the appellate division finds that defendant was improperly convicted of drug and weapons charges after each were found in his basement. Defendant failed to demonstrate he had a reasonable expectation of privacy in the basement, a storage area not associated with his apartment, but the court should have evaluated the admissibility of evidence obtained under a phone warrant. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: KA 20-00312, Categories: drug Offender, search, Weapons
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. Aarons finds that the lower court properly convicted defendant of drug possession and using drug paraphernalia after both were found in plain sight by police executing a no-knock warrant at an apartment. Defendant challenged the finding that he constructively possessed the contraband, but he had keys to the apartment in his jacket pocket, which he had police retrieve from another room while he was being arrested. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 21, 2023, Case #: 110325, Categories: drug Offender, search
J. Scott finds that the lower court properly declined to suppress evidence obtained in a traffic stop in defendant's trial for carrying weapons because the vehicle in which plaintiff had been riding as a passenger was observed crossing the center line, and the stop was justifiably extended after the officer smelled marijuana coming from the vehicle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 20, 2023, Case #: 22-0023, Categories: drug Offender, search, Weapons
J. Tjoflat finds that the district court properly convicted defendants of drug offenses including possession with intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. The district court correctly denied defendants' motions to dismiss the indictment for lack of jurisdiction. Cameroon validly waived jurisdiction over defendants' prosecutions. The district court also correctly denied defendant's motion to suppress evidence including evidence of cocaine found on board the vessel and defendant's statement after arriving in the United States. There was reasonable suspicion that the vessel was engaged in illegal activity. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: December 20, 2023, Case #: 21-12702, Categories: drug Offender, search, Jurisdiction
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J. Cannataro finds that the appellate division should have suppressed evidence uncovered during a traffic stop when a drug-sniffing dog alerted that defendant likely had narcotics in his pants because whether the dog made actual contact with defendant was immaterial since his "personal dignity" and privacy were violated by the police-directed sniffing. Meanwhile, the appellate division lacked jurisdiction to resolve whether reasonable suspicion existed to justify the sniff-search since the lower court had not entered an adverse decision on that issue. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: December 19, 2023, Case #: 95, Categories: drug Offender, search
Per curiam, the circuit finds the district court improperly denied defendant's petition for an extraordinary writ based on facts coming to light after defendant's trial for conspiracy to distribute marijuana. Defendant has always contended that he purchased marijuana for personal consumption only, never conspiring with the seller to distribute, while evidence has been shown that his guilty plea was the product of “abusive, over-reaching, and unconstitutional tactics” by the investigating DEA agent. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 19, 2023, Case #: 23-30141, Categories: drug Offender, Prosecutorial Misconduct, search
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
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. D'Apolito finds the trial court properly denied defendant's motion to suppress during his drug case. He lacks standing to challenge the warrantless search of the UPS package containing methamphetamine because he was neither the named recipient nor sender of the package and, therefore, had no expectation of privacy. Meanwhile, even if defendant had a privacy interest, the UPS worker was entitled to open the suspicious package per the terms of a waiver in its shipping contract, and the drugs were in plain sight to police officers once the package was opened. Affirmed.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: December 11, 2023, Case #: 2023-Ohio-4490, Categories: drug Offender, search
J. Oxley finds that a commercial truck driver was improperly convicted of possession of marijuana because he had been detained longer than necessary while police inspected his truck after a K-9 unit detected the drug in an open-air sniff.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: December 8, 2023, Case #: 21-1133, Categories: drug Offender, 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
J. Mackey finds that the lower court properly declined to suppress evidence in his trial for weapon and drug possession because the search was supported by probable cause based on the informant's sworn firsthand account about what he had observed while selling stolen goods and buying drugs at defendant's apartment. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 7, 2023, Case #: 111216, Categories: drug Offender, search, Weapons
[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. Easton finds that defendant was properly convicted of trafficking in methamphetamine and heroin because an officer had legitimate cause to stop defendant for walking down the middle of the street in violation of city ordinance, which occurred near a known drug house. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: December 1, 2023, Case #: 2023-CA-0113-MR, Categories: drug Offender, search
J. Chapman finds that the lower court properly convicted defendant of possession of meth and resisting arrest. The evidence supports a finding that defendant consented to a search of his person during a traffic stop, so the finding of bags of meth in his pocket was not an unreasonable search or seizure. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: November 28, 2023, Case #: WD85767, Categories: drug Offender, search
J. Bahr finds that the district court improperly entered criminal judgment after defendant conditionally pleaded guilty to delivery of a controlled substance and possession with intent to manufacture or deliver a controlled substance. Defendant had a reasonable expectation of privacy in the rented bedroom and a reasonable officer would not believe the homeowner could consent to a search of the bedroom. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: November 24, 2023, Case #: 2023ND220, Categories: drug Offender, 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
Per curiam, the appellate division finds that the trial court improperly convicted defendant of possession of controlled substances because the only witness, a police detective, failed to indicate who provided information indicating defendant had been delivering narcotics, and the detective did not have probable cause when he asked to conduct a warrantless search of the vehicle. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 22-01545, Categories: drug Offender, search, Witnesses
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
[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. Brennan finds that the lower court properly denied defendant's motion to suppress evidence of drug activity in his apartment. Police had a reasonable basis for believing someone was being injured inside the apartment, so their entrance was justified by exigent circumstances and they searched only in places where an injured person could be. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: November 13, 2023, Case #: 22-2135, Categories: drug Offender, search
J. Zahn finds that the trial court properly declined to suppress drug evidence found by a drug-sniffing dog. Police developed a reasonable suspicion of drug activity early in the traffic stop, based on defendant's appearance and story, and did not prolong the stop by pursuing unrelated activities. Also, his objection to the trial court's reduction of his peremptory challenges is not constitutionally supported. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: November 9, 2023, Case #: 48839-2021, Categories: drug Offender, search, Due Process
J. Neeley finds the trial court properly convicted defendant for possession of a controlled substance. The trial court was not required to suppress evidence, as the arresting officer's search of defendant's vehicle and her clothing were consensual and based on reasonable suspicion.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00103-CR, Categories: drug Offender, search