E.D.Mich.: Arrest warrant for def and knowledge he was home justified entry to arrest

Arrest warrant for the defendant coupled with information that he was home was sufficient for entry. A protective sweep thereafter was permissible. United States v. Jones, 2014 U.S. Dist. LEXIS 47548 (E.D. Mich. April 7, 2014).*

There was reasonable suspicion for this stop: “In this case, the Government cites the following factors as grounds to justify the stop of Defendant: (i) the reported shooting at the Regency apartment complex; (ii) the broadcast reporting two individuals walking away from the area of the shooting, one of whom was wearing a mask; (iii) the observation of two men walking away from the entrance to the apartment complex; (iv) the fact that no other people were walking in that area; (v) the fact that one of the men appeared to be wearing a bandanna or other mask; (vi) the officer’s awareness that wearing a bandanna or mask may be associated with the commission of a crime; and (vi) the fact that the two men appeared to be together.” United States v. Chambers, 2014 U.S. Dist. LEXIS 47416 (E.D. Mich. April 7, 2014).*

There was probable cause for issuance of the search warrant in this case. “Sgt. Harris’ affidavit for search warrant in this case is less than perfect. However, there is no evidence to show that he made false statements knowingly and intentionally or with reckless disregard for the truth. Moreover, the deficiencies in his affidavit were not material to the state judge’s determination that probable cause existed to believe evidence of criminal activity would be found at the defendant’s residence.” The good faith exception also applies. United States v. Green, 2014 U.S. Dist. LEXIS 47418 (E.D. Mich. April 7, 2014).*