Truth News

NM: Search incident of pockets in DUI arrest was reasonable becuase of possibility defendant was under influence of drugs, too

FourthAmendment.com - News - Wed, 2024-11-27 22:37

In an arrest for DUI, a search incident that included opening a dollar bill that was folded in a way to indicate it held cocaine, which defendant then admitted, was reasonable. The officers did know all that defendant was under the influence of. State v. Armendariz-Nunez, 2012 NMCA 41, 2012 N.M. App. LEXIS 48 (February 9, 2012), Certiorari Denied, March 23, 2012, No. 33,482:

[*13] We disagree with Defendant's argument that the cocaine was not evidence of the DWI crime for which he had been arrested. See NMSA 1978, § 66-8-102(B) (2008) (amended 2010); State v. Aleman, 2008 NMCA 137, 145 N.M. 79, 194 P.3d 110 (affirming the defendant's conviction for driving while under the influence of cocaine). While the deputy observed that Defendant smelled of alcohol, there was no indication that other substances could not have contributed to his intoxicated state. As the State points out, both alcohol and marijuana emit a distinct odor, while cocaine and many other controlled substances do not. The discovery of a particular drug on a suspect's person could be relevant evidence that the suspect may be under the influence of that drug and, therefore, may be appropriately seized.

Police responded to a domestic abuse call and were inside defendant’s house. He was arrested and removed from the house and warrants were obtained. Drugs were found on him when he was booked into the jail. Even if the entry was unconstitutional, which does not have to be decided) the finding of the drugs was sufficiently attenuated from that, and suppression was properly denied. Echavarry v. Commonwealth, 2012 Va. App. LEXIS 167 (May 15, 2012).*

FL4: Adult son staying with mother did not give her actual or apparent authority to consent to search of his stuff

FourthAmendment.com - News - Wed, 2024-11-27 22:37

Defendant’s mother did not have actual or apparent authority to consent to a search of her adult son’s bedroom. He had been staying with her for four months and she came into the room with “regular access” to make the bed and clean up, but that wasn’t enough because it was apparent that the room was used by only her son. She consented to a search, and the police looked in a box with men’s clothes. Ward v. State, 2012 Fla. App. LEXIS 7850 (Fla. 4th DCA May 16, 2012).

Jail inventory policy was unconstitutional under the Oregon constitution because it had no limitations on search of containers objectively likely to hold contraband. State v. Taylor, 2012 Ore. App. LEXIS 616 (May 16, 2012).*

Existence of an arrest warrant was justification for a stop. United States v. Nelson, 2012 U.S. App. LEXIS 9839 (3d Cir. May 16, 2012).*

Syndicate content