Meth cook was exigent circumstance when the kids started coming home

A snitch was inside the defendant’s house and reported to the police when he came out that the defendant had a pill soak going on. The snitch was a meth cook himself. The house was under surveillance while a search warrant was being prepared. The defendant was outside, preparing to leave. Then, the children of the home were seen coming home, and the officers decided to seize the house to prevent the children from going inside. The seizure was valid as based on exigent circumstances. United States v. Gray, 2007 U.S. Dist. LEXIS 83946 (D. Utah November 13, 2007).*

Defendant had been arrested inside and taken outside and put in a patrol car. The search of the living room at that point was hardly incident to his arrest. The state’s alternative argument that defendant abandoned the bag that was left inside on his arrest was also unavailing, he retained an expectation of privacy in it, and the occupant’s consent to search that bag was ineffective. State v. McCarthy, 288 Ga. App. 426, 654 S.E.2d 239 (2007).*

Defendant was stopped because his headlights were off at 2:30 a.m., and that was justification for the stop. State v. Boyd, 2007 Wisc. App. LEXIS 982 (November 14, 2007)* (probably will be unpublished, but the opinion does not say; decided by one appellate judge).

Officer had an uncorroborated anonymous tip of smoking of marijuana at a bar, and he showed up there and the occupants reacted by running when they saw him, and that made corroboration. State v. Moore, 2007 Wisc. App. LEXIS 989 (November 14, 2007).*

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