Does Plain-View Obervation of Drugs in a Crashed Vehicle Establish Knowing Possession Despite the Not Mine Defense?
[T]he jury afforded more weight to the State’s evidence than Mr. Stackhouse’s v [...]
What is Considered Plain View for Display of a License Plate?
[A]ctually being able to read the letters and numbers’ on the temporary license [...]
Can Law Enforcement Conduct a Protective Sweep to Search for Contraband following an In-Home Arrest?
We … hold that as incident to arrest the officer could, as precautionary matter [...]
Can an Officer Double Check Another Officer’s ‘Clear’ During a Protective Sweep … or is it Objectively Unreasonable?
That a few seconds passed after the officers began lowering their weapons and a [...]
Can Permitting a Shirtless Suspect to Get a Shirt and Jacket Grant Police Consent to Enter his Apartment?
Here, the evidence clearly demonstrates that Mr. Stewart consented by his words [...]
Can Circumstantial Evidence be Included in a Probable Cause Determination for the Plain View Doctrine?
[T]here was sufficient circumstantial evidence giving rise to probable cause to [...]
Trial Court Judge Applies Dead Case Law to Suppress Marijuana, Cocaine, a Handgun and a Digital Scale … Would the Appellate Court also Rely on Dead Case Law?
But this type of subjective scrutiny into the officer’s state of mind is exactl [...]
If an Officer Moves a Refrigerator to Grab Two Bags of Cocaine Observed in Plain View and the Freezer Inadvertently Opens to Reveal a Locked Safe … is that Reasonable?
In his merit brief, Mr. Frisbie also asserts in passing that the officers’ movi [...]
Does Shining a Flashlight Into a Lawfully Stopped Car Violate the Plain View Doctrine?
Officer Cramer’s use of a flashlight was permissible and did not preclude appli [...]
Is Knocking on an Occupied Vehicle’s Window a ‘Physical Trespass’ that Requires Reasonable Suspicion?
No! Contrary to Mr. Collins’s argument that his encounter with Officer Condon w [...]