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· 3/24/2022

Bretton Westmoreland v. Butler Cnty.

Citations

  • 29 F.4th 721

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observation that defendant had used marijuana, without any indication of his intent to distribute, did not justify warrant-less search of his person
  • “the intent expressed by the Legislature [is] that, generally speaking, controlled substances are not to be obtained ‘on the street’ ”
  • “[T]he term ‘sell’ or ‘sale’ is narrower than the term ‘distribution’ and we agree with the judge that they are not synonymous”
  • no probable cause to search where police did not observe any illegal or suspicious behavior of defendant indicating intent to distribute marijuana
  • direct product of unlawful search must be suppressed
  • probable cause on motion to suppress

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.