Truth News

MS: Co-tenant consented to entry that led to defendant's arrest

FourthAmendment.com - News - Wed, 2024-11-27 12:27

Co-tenant consented to entry that led to defendant’s arrest. Kleckner v. State, 2012 Miss. App. LEXIS 302 (May 22, 2012).*

Bean bag shooting as excessive force was fact dependent, so no qualified immunity. Smith v. Smith, 2012 U.S. App. LEXIS 10498 (5th Cir. May 24, 2012).*

Seizure of cash after detention for suspicious conduct in a casino and finding a Texas parole warrant on defendant was supported by probable cause. Adams v. State, 2012 Ind. App. LEXIS 236 (May 21, 2012).*

LA5: Plain view exception to Gant

FourthAmendment.com - News - Wed, 2024-11-27 12:27

The stop and detention of the defendant was justified. Plain view of the interior of the car supported seizure of drugs, not Arizona v. Gant. State v. Burton, 2012 La. App. LEXIS 714 (La. App. 5 Cir. May 22, 2012).*

The CI’s statement was entitled to credit on the probable cause determination by the issuing magistrate because it was based on first hand information and the CI was reliable in the past. State v. Banks, 2012 La. App. LEXIS 713 (La. App. 5 Cir. May 22, 2012).*

Reasonable suspicion of criminal activity was created by defendant and his passenger giving inconsistent explanations regarding their travels, they were obviously nervous, there was a strong odor of air freshener and defendant had a criminal record. State v. Burney, 2012 La. App. LEXIS 684 (La. App. 2 Cir. May 23, 2012).*

CA3: Mirandizing and consent form made consent voluntary

FourthAmendment.com - News - Wed, 2024-11-27 12:27

When doing a knock-and-talk, officers smelled ammonia and this was probable cause of meth production and exigency. “The existence of ammonia has been recognized as constituting exigent circumstances due to its explosive nature.” State v. Cortez, 2012 La. App. LEXIS 701 (La. App. 5 Cir. May 22, 2012).*

Defendant was Mirandized and signed a consent form when the officers talked in a conversational tone, so the record supports the conclusion that the consent was voluntary. United States v. Ortiz, 2012 U.S. App. LEXIS 10482 (3d Cir. May 24, 2012).*

The affidavit for the search warrant showed probable cause. In executing warrant, officers were found to have knock-and-announced. The trial court credited the officers rather than somebody inside. The doors were not locked. State v. McDivitt, 2012 Ohio 2243, 2012 Ohio App. LEXIS 1980 (11th Dist. May 21, 2012).*

Officers responding to a 911 call saw a person on a child’s toy scooter and stopped him thinking that he was a juvenile out after curfew. When stopped, defendant was shocked to see the officer and highly nervous and shaking. That was reasonable suspicion and then he consented to a search of his person. Mwangi v. State, 2012 Ga. App. LEXIS 479 (May 23, 2012).*

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