Daily Archives: October 8, 2021

CA6: Safe that could have held object of SW could be broken into

A firearm in defendant’s bedroom is at least probable cause for constructive possession. A search warrant for the premises here permitted police to break into a safe that could have held the object of the search. United States v. Mitchell, … Continue reading

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D.Minn.: On “four corners review,” the affidavit is not misleading and it shows PC

On four corners review of the affidavit for search warrant, “This Court concludes that the statements made in the affidavit about Defendant living at the Euclid address were not untruthful or recklessly made; therefore, they permissibly allowed a judicial officer … Continue reading

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DC: PC from the fair inference def had more than the “permissible amount” of MJ

“From all the foregoing, Officer Lojacono could reasonably believe that there was a fair probability that the amount of marijuana he saw in the car exceeded the legally permissible amount” of two ounces. Thus, the automobile exception applied. Harris v. … Continue reading

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DC: Police on the scene in less than 30 seconds after Shotspotter alert was RS here

It was reasonable for officers to conclude that reasonable suspicion existed when they arrived within 30 seconds of a Shotspotter alert. “This immediacy also limits the possibility that the culprit (or culprits) could have fled before the officers arrived. In … Continue reading

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