D.Utah: Domestic disturbance call of man with gun justified entry

The officer’s entry into the home on a domestic disturbance call where defendant was allegedly armed and wouldn’t come out was based on exigency and his wife’s consent. United States v. Avalos, 2014 U.S. Dist. LEXIS 78886 (D. Utah June 4, 2014).*

Two controlled buys with other information was probable cause for issuance of a search warrant. Defendant claims that the warrant was defective for allegedly misidentifying him as the owner of the premises. That, however, is irrelevant because this search warrant is directed at property, not the person. In addition, the good faith exception applies, too, not that it matters. United States v. Parker, 2014 U.S. Dist. LEXIS 78591 (W.D. Pa. June 10, 2014).*

The Court of Claims can’t hear Fourth Amendment or § 1983 claims. Slone v. United States, 2014 U.S. Claims LEXIS 493 (June 4, 2014).*