7 results for 'cat:"Drug Offender" AND cat:"Search" AND cat:"Weapons"'.
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: drug Offender, search, weapons
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. 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. 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
J. Wright finds the trial court properly convicted defendant for possession of a controlled substance, sentencing him to 25 years in prison. Weapons and drugs were found upon the search of a vehicle in which defendant was a passenger. The officer stopped the vehicle for an improperly placed license plate and detected a strong odor of marijuana coming from the vehicle. The search was made upon probable cause, and defendant’s motion to suppress a statement admitting to possession was properly denied as he was not yet in custody when the statement was made. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: October 4, 2023, Case #: 09-22-00213-CR, Categories: drug Offender, search, weapons
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J. Pierre-Louis finds that the appellate division improperly admitted evidence of hollow point bullets seized from defendant's trunk during a traffic stop. The officer did not have a reason to search the engine or trunk of the vehicle even though the officer smelled raw marijuana in the car during the stop after receiving a "be on the lookout" alert, as contraband had not been found in the cabin of the car. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: June 22, 2023, Case #: A-50-21, Categories: drug Offender, search, weapons
[Consolidated.] J. Sabatino finds that the appellate division improperly upheld defendants' convictions on marijuana and weapons charges based on evidence discovered when officers conducted a pat-down and searched the vehicle during a traffic stop initiated for a suspended driver's license. Prolonging the stop to wait for a drug-sniffing dog was not justified in light of the officer's uncertainty that he smelled marijuana. Reversed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: May 30, 2023, Case #: A-4-22, Categories: drug Offender, search, weapons