IN: No-knock issue moot by Hudson v. Michigan

Officers obtained a search warrant for firearms, but they also suspected they’d find drugs. There was probable cause for the firearms search and the rest was plain view. Even if the no-knock provision in the warrant was invalid, Hudson bars exclusion for a knock-and-announce violation. Mack v. State, 2014 Ind. App. LEXIS 623 (December 18, 2014)* [Note: It's only moot for exclusionary rule purposes; not if they wantonly kill the homeowner or the homeowner kills one of them thinking it's a home invasion. See Treatise § 58.05 citing McDonald v. United States (1948)]

Defendant’s stop was valid based on a failure to follow a sign, with a thorough and an attempt at an almost entertaining discussion [snore] of the Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD) and what a “lane ends” sign really means lane (n.4) and whether the officer was reasonable in making the stop in the first place. State v. Colvin, 2014 Ida. App. LEXIS 127 (December 16, 2014).*

This entry was posted in Knock and announce, Reasonable suspicion. Bookmark the permalink.

Comments are closed.