M.D.N.C.: Refusal to consent during knock-and-talk when smell of MJ was strong and a yell back inside was exigency

Officers did a knock-and-talk and they could smell marijuana before the knock. When defendant opened the door, the smell was stronger. He refused to consent and refused entry. He turned and yelled something inside and came outside. When he pulled the door shut, it locked. Officers then kicked the door in. The yell indicated somebody else was home and that flushing of the drugs could be happening. United States v. Holloman, 2015 U.S. Dist. LEXIS 135838 (M.D. N.C. Oct. 6, 2015).

Defendant was not seized during his interview with the police about the child pornography on his computer. United States v. Killingbeck, 2015 U.S. App. LEXIS 17428 (2d Cir. Oct. 5, 2015).*

A motion to suppress was filed and lost in the trial court on lack of standing. In the 2255, defendant’s attempt to cast it in a different way doesn’t succeed either for lack of standing. Porter v. United States, 2015 U.S. Dist. LEXIS 136541 (E.D.Mich. Oct. 7, 2015).*