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U.S. v. PHILLIPS

Criminal No. H-14-84.

The United States of America, Plaintiff, v. Eric Dewayne Phillips, Defendant.

United States District Court, S.D. Texas.

May 10, 2015.

Attorney(s) appearing for the Case

Eric Dewayne Phillips, Defendant, represented by Neal Davis, III, Law Offices of Wendell Odom & Neal Davis, III.

USA, Plaintiff, represented by Sherri Lynn Zack, US Atty Office.

Opinion on Suppression

1. Introduction.

The police stopped a man for a traffic violation. The officers said that they smelled marijuana and had probable cause to search his car. They discovered a gun, but no marijuana. Because it was not based on probable cause, the warrantless search was...

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