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Criminal Law

: Fourth Amendment

Exigent circumstances permitted taking of GSR off hands

By John Wesley Hall, Jr.

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Exigent circumstances required the taking of GSR off defendant's hands, and it was not an unreasonable search. United States v. Simmons, 2008 U.S. Dist. LEXIS 27301 (N.D. W.Va. April 3, 2008).* Defendant probationer's arrest for possession of marijuana in his car justified probation search of his house for more, and the gun found there was admissible. United States v. Walley, 2008 U.S. App. LEXIS 7246 (11th Cir. March 31, 2008) (unpublished).* Officer's sticking head inside car when he smelled marijuana to smell it better was not an illegal entry; it was all supported by the initial smell. State v. Lewis, 2008 La. App. LEXIS 500 (3d Cir. April 2, 2008).*

Full post as published by Fourth Amendment on April 07, 2008 (boomark / email).

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