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Actual seizure doesn't justify PC after the fact, but it informs credibility

By John Wesley Hall, Jr.

"Although the evidence or contraband seized during a search cannot justify, ex post facto, the legality of the search, see State v. Sierra, 754 P.2d 972, 977 (Utah App. 1988), it does inform the question of credibility. The items found incident to the search support Officer Bairett's testimony that he smelled the odor of raw marijuana emanating from the vehicle. Based on Officer Bairett's testimony and the corroborating evidence, the Court finds that Officer Bairett had probable cause to search Defendants' vehicle." [The problem is that this is subject to post hoc rationalization.] United States v. Ellis, 2008 U.S. Dist. LEXIS 51529 (D. Utah July 3, 2008).* Seatbelt violation justified a stop that revealed an extended clip extending from the butt of a gun in plain view...continue to full post

Full post as published by Fourth Amendment on July 09, 2008 (boomark / email).