Daily Archives: April 15, 2021

CA4: Def had burden on GFE, and he failed

Assuming without deciding the probable cause question, defendant fails to prove that the good faith exception should not be applied. United States v. Parrish, 2021 U.S. App. LEXIS 10533 (4th Cir. Apr. 13, 2021). The officer had probable cause to … Continue reading

Posted in Burden of proof, Good faith exception, Search incident, Seizure | Comments Off on CA4: Def had burden on GFE, and he failed

TX: Fire Dept called for police after discovery of drugs and guns; SW based on initial observations valid, narcotics officer’s later observations stricken but leaving PC

The Fire Department responded to a kitchen fire in defendant’s apartment, and they saw drugs, paraphernalia, and firearms inside. They called the police for a safety check. The officer responding didn’t know about their seeing drugs when he first arrived. … Continue reading

Posted in Emergency / exigency | Comments Off on TX: Fire Dept called for police after discovery of drugs and guns; SW based on initial observations valid, narcotics officer’s later observations stricken but leaving PC