MO: GFE didn’t apply where clearly no PC and police exceeded the scope of the warrant

The trial court found the affidavit for the search warrant lacked a substantial basis for finding probable cause and that the officers acted in bad faith in exceeding the scope of a drug and paraphernalia warrant to seize BB gun stuff and a videotape. On appeal, the court affirmed finding the officers flagrantly disregarded the scope of the search warrant, and suppression was the remedy. State v. Lucas, 2014 Mo. App. LEXIS 1182 (October 21, 2014).

Defendant’s warrantless BAC test was reasonable under McNeely because defendant claimed a need for medical care then actively resisted the officer. He needed backup to deal with defendant and couldn’t leave him to get a warrant in a small town without a magistrate nearby at night. State v. McCrary, 2014 N.C. App. LEXIS 1081 (October 21, 2014).*

Consent to enter a house to get a shotgun was found to be voluntary. The conversation between the defendant and the officer was amicable and he was not under arrest, he had prior experience with the criminal justice system, and he told the officer where the gun was inside the house. He was not Mirandized because he wasn’t under arrest. United States v. Alder, 2014 U.S. Dist. LEXIS 149046 (E.D. Tenn. September 19, 2014).*