D.Alaska: It was reasonable to seize a store where heroin was being sold pending getting a SW

Officers could enter a store where heroin sales were allegedly occurring to seize the store. They told the defendant to put down his phone, and that was reasonable to preserve evidence. A call came in to the phone and the number was noted and called back, and that was not unreasonable. Defendant wasn’t timely Mirandized, so his statements are suppressed but the later search warrant is not. United States v. Nguyen, 2015 U.S. Dist. LEXIS 19155 (D.Alaska February 18, 2015).

CPS was called on the defendants for assaulting their children. The entry into the home was reasonable based on the community caretaking function and protection of the children. The officers going into the garage was to find a more private place to interview the children and was reasonable. There, the board allegedly used to assault the children was found in plain view. State v. Weller, 2015 Wash. App. LEXIS 329 (February 18, 2015).*