Daily Archives: May 12, 2018

FL4: Knock-and-talk can’t go to side door of outbuilding

The prior owner’s consent three years earlier couldn’t be attributable to defendant. [Yes, officers really said they believed that it could.] A knock-and-talk that progressed to another building within the fencing violated curtilage and the limits on knock-and-talk. Osorio v. … Continue reading

Posted in Consent, Knock and talk | Comments Off on FL4: Knock-and-talk can’t go to side door of outbuilding

AK: Refusal of consent can be used against def if state can show case-specific relevance

Normally, refusal of consent can’t be used against the defendant, but it can if there is case-specific relevance, such as evidence of consciousness of guilt, citing Leavitt v. Arave, 383 F.3d 809, 828 (9th Cir. 2004). Ace v. State, 2018 … Continue reading

Posted in Consent, Protective sweep | Comments Off on AK: Refusal of consent can be used against def if state can show case-specific relevance

NY3: Smell and smoke from working meth lab in garage was exigency

The officer pulled into defendant’s driveway and defendant came out and was really nervous. Smoke was coming out a window in the garage that smelled like a meth cook. There was exigency for entry without a warrant. People v. Alberts, … Continue reading

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CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading

Posted in Cell site location information, Good faith exception, Standing | Comments Off on CA5: When govt addresses GFE, defendant must respond or waive it

CA5: Grounds to overcome GFE all have to be raised in the trial ocurt or waived

Defendant raises a ground to attempt to overcome the good faith exception, but he didn’t raise it in the district court, so it’s waived. United States v. Rosa, 2018 U.S. App. LEXIS 12276 (5th Cir. May 10, 2018). When defendant … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on CA5: Grounds to overcome GFE all have to be raised in the trial ocurt or waived

E.D.Mich.: Minor testimonial inconsistencies in testimony about a trash pull did not mean no PC

Minor testimonial inconsistencies in testimony about a trash pull did not mean there was no probable cause. United States v. Gershwin, 2018 U.S. Dist. LEXIS 77029 (E.D. Mich. May 8, 2018). “Taken with Arguelles’s sex offender status, which included a … Continue reading

Posted in Probable cause | Comments Off on E.D.Mich.: Minor testimonial inconsistencies in testimony about a trash pull did not mean no PC