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Tag Archives: Plain View

Criminal Practice – Marijuana Possession – Constructive Possession – Same Room – Plain View (access required)

State v. Slaughter In his dissent, Judge Hunter noted that the state presented evidence of defendant’s presence - along with two other people — in a room in which contraband was in plain view, but neither evidence of defendant’s proximity to the contraband nor evidence that he had the intent and capability to maintain control and dominion over it.

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Criminal Practice – Marijuana Possession – Constructive Possession – Same Room – Plain View (access required)

State v. Slaughter Police discovered defendant and two other men in a 150-square-foot room surrounded by bags of marijuana, marijuana residue, stacks of cash, bags of cash, handguns, blunts, rolling papers, a grinder and packaging paraphernalia. Many of these items were in plain view of the officers when they entered the room, and almost all of the officers testified that a strong smell of marijuana pervaded the mobile home.

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Criminal Practice – Search & Seizure – Search Warrants – Supporting Affidavits – Conflicting Statements – Plain View – Gun (access required)

U.S. v. Allen. (Lawyers Weekly No. 11-01-0109, 16 pp.) (King, J.) No. 10-4012, Jan. 21, 2011; USDC at Baltimore (Motz, J.) 4th Cir. Holding: Although one detective’s affidavit said a post-shooting blood trail into an appliance store led to a ...

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