MA: Def’s landlord’s statements were independent of any illegal entry, and they supported PC for SW

Statements from the owner of defendant’s house which made it into the search warrant application and were made after the alleged illegal entry by the police were an independent source. Thus, the motion judge properly denied the motion to suppress as to the warrant. Commonwealth v. Pearson, 2016 Mass. App. LEXIS 129 (Sept. 20, 2016).

Nervousness alone isn’t reasonable suspicion, and other factors here didn’t add up to reasonable suspicion on the totality. A state court decision after the trial court’s ruling applied Rodriguez and favors the defendant. On de novo review of the reasonable suspicion and reasonableness question, the court finds the trial court erred in not suppressing because the stop continued too long without reasonable suspicion. State v. Reed, 2016 N.C. App. LEXIS 964 (Sept. 20, 2016).*

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