Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person

Posted by on Nov 6, 2020 in Featured, Other Issues, War on Drugs |

The Court notes the difference between a vehicle search and the search of a person. Also, the odor of pot alone is not probable cause for a search in the 33 states that have legalized pot.   Excerpts from the Article: The Court of Appeals of Maryland held that the odor of marijuana emanating from a person alone does not provide police with probable cause to support an arrest and warrantless search incident to the arrest. Rasherd Lewis was...

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Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence

Posted by on Oct 26, 2020 in Featured, Other Issues |

Though it is not clear whether the officers here were trying to conduct a “sneaky” search – one they knew to be unlawful – this decision is correct, and because the search was not valid, the evidence had to be disregarded – suppressed. Excerpts from the Article: The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in...

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Washington Federal Court: Looking at Lock Phone Screen Requires Warrant

Posted by on Oct 11, 2020 in Featured, Other Issues, Police Brutality |

Search and Seizure with cell phones is usually straightforward. Police cannot inspect the contents of your phone without a warrant, with certain exceptions, like and emergency. Such as: A shoots B. The cops arrive 3 minutes after the shooting and use C’s phone to ID the shooter, who was recorded by C.     The U.S. District Court for the Western District of Washington in Seattle ruled that the FBI conducted an illegal search of a...

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Why no officers were directly charged for Breonna Taylor’s death

Posted by on Sep 24, 2020 in Featured, Other Issues, War on Drugs |

Unlike most of the recent killings of Blacks by police, there is no good cause for anger – or for prosecution –  against the police in this case. They are not to blame; the system is to blame. They entered with a “no knock warrant”, and when the occupant heard them coming, he opened fire. He fired a shot, not knowing who they were. The problem is with no knock warrants, which should be eliminated, because they almost...

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Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement

Posted by on Jul 29, 2020 in Featured, Other Issues |

Search and seizure issues can be tricky, and can be the key to winning the case. This case involves the cops’ search of a cell phone. I am glad to see the Courts move into this century when it comes to cell phone searches. This court said: Because modern cellphones possess immense storage capacities, capable of collecting and storing many distinct types of data in one place, the Colorado Supreme Court had previously recognized that...

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