Case Brief 1

Case Brief 1 - United States v. Marlar, 828 F. Supp. 415....

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United States v. Marlar , 828 F. Supp. 415. (N.D. Miss. 1993). Procedural History Defendant made a motion to suppress evidence seized from his motel room and statements made by him incident to his arrest. After hearing the testimony, the court held a hearing. Facts On December 2, 1991, Sheriff of Alcorn County, Mississippi, James Taylor received a call from a lady named Lisa Lambert. Lambert told Agent Taylor that the defendant Larry M. Marlar had recently returned from Mexico carrying marijuana and cocaine. Lambert also described the defendant’s vehicle as a dark brown two-door Hondo Accord bearing a Tennessee license tag. In addition, Lambert told Taylor that the defendant was a guest at the EconoLodge in Corinth, Mississippi. Taylor went to the hotel but did not find Marlar present. At the Crossroads Inn, Agent Taylor observed an automobile matching the description Lambert had provided. Taylor called the Corinth Police Department and requested assistance from the department’s dog handler, Chip Timbes and his German Shepherd, Hoss. When Timbes and Hoss arrived at the motel, Hoss sniffed the brown Honda that was parked. Hoss alerted, indicating that drug odors were emitting from the vehicle. After that, Timbes walked Hoss by several of the motel room doors, and Hoss alerted to room 106, Marlar’s room. In Taylor’s opinion, these two alerts, when combined with Lambert’s tip, and the registration of the brown Honda in Marlar’s name, provided enough probable cause to receive a search warrant. When the room was searched,
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This note was uploaded on 11/17/2009 for the course WRIT 190L taught by Professor Walling during the Winter '08 term at UCSB.

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Case Brief 1 - United States v. Marlar, 828 F. Supp. 415....

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