NY4: Seizure of rifle in DV entry of apt. was waived at hearing

Officers responding to a domestic call at defendant’s apartment removed him and talked to his wife who consented to a search. The seizure of a rifle from the apartment was waived during the suppression hearing when it was expressed that only the legality of the entry was at issue. People v. Britton, 2014 NY Slip Op 25, 113 A.D.3d 1101, 977 N.Y.S.2d 851 (4th Dept. 2014).*

Defendant’s arrest warrant was not issued on a false statement or perjury. Even if it was, defendant’s consent was sufficiently attenuated from it. United States v. Holmes, 2014 U.S. Dist. LEXIS 415 (W.D. Tenn. January 3, 2014).*

Officers with an arrest warrant had good reason to believe that defendant was in the house despite his family members’ denials he was there. The attic was subject to protective sweep because defendant had hidden there. “[I]t then follows that the officers’ plain view observation of the blue lunch box-like container with white powder on the outside was not improper.” United States v. Dixon, 2013 U.S. Dist. LEXIS 182232 (W.D. Mo. November 18, 2013).*