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TX3: Two trash searches were more likely of defendant's stuff that one

By John Wesley Hall, Jr.

The search warrant for defendant's snowmobile involved in a hit-and-run was valid. It was seen from defendant's driveway during the investigation. "Defendant cannot argue that this search was illegal simply because his driveway causes a visitor to travel deeper onto his property than other driveways." State v. Mosner, 2009 N.J. Super. LEXIS 99 (May 4, 2009).* Seeing defendant remove a gun from his waist and put it in his truck was, "at a minimum, reasonable suspicion to believe that defendant unlawfully possessed a weapon." People v. Littleton, 2009 NY Slip Op 3581, 2009 N.Y. App. Div. LEXIS 3466 (4th Dept. May 1, 2009).* Two trash searches were barely enough to get a search warrant for defendant's property. Considering deference given a SW, it was enough...continue to full post

Full post as published by Fourth Amendment on May 06, 2009 (boomark / email).