Daily Archives: February 26, 2015

Daily Record (Md.): Can police take your DNA without consent or a warrant?

Daily Record (Md.): Can police take your DNA without consent or a warrant? by Jason Whong: The U.S. Supreme Court is set to meet privately on Friday to discuss whether Americans have a constitutional right against surreptitious collection of their … Continue reading

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MT: Officers entering on a civil standby for a roommate moving out made a valid plain view of MJ grow

Officers were called for a civil standby to assist a woman from moving out of a house where she feared trouble from her roommates. It was objectively reasonable to believe her based on her conversation and because she had a … Continue reading

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NJ: Smell of burnt MJ coming from house isn’t sufficient exigency for warrantless entry

Police received multiple calls, some anonymous, about shots fired, and they were ultimately directed to defendant’s house which they approached from the rear. One caller said a gun was kept in a doghouse, and there were pit bulls in the … Continue reading

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W.D.N.Y.: Co-owner of a business couldn’t consent to opening safe officers knew was owned solely by other co-owner

Codefendant consented to a search of shared business premises. His general consent to search the basement did not extend to breaking open a safe that both said was defendant’s because he had no joint control over the safe. United States … Continue reading

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D.Mont.: “Onlookers” reporting hearing “strangulation sounds” during an argument in an apartment was exigency

“Onlookers” reported hearing “strangulation sounds” during an argument in an apartment, and that was exigency. Defendant was an overnight guest who had standing under Olson. United States v. Harris, 2014 U.S. Dist. LEXIS 182312 (D.Mont. February 24, 2015) (note incorrect … Continue reading

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E.D.Ky.: If police reasonably believe someone not answering, knock and talk can go from front door to another door; finding overdose victim justified entry

Where the police attempt a knock and talk and it’s apparent to them that somebody is home but not coming to the door, it is not unreasonable to go to another door to attempt an answer. Thus, the curtilage may … Continue reading

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