CA8: After exigency for entry abated, police had consent from def’s wife to remain on premises

Exigency supported the police entry into defendant’s home because of concern for safety of the children and a domestic dispute. After the entry and the abatement of the exigency, defendant’s wife consented to the officers staying in the house. United States v. Scott, 2017 U.S. App. LEXIS 25120 (8th Cir. Dec. 13, 2017).

Petitioner’s 2255 asserted on his Fourth Amendment claim that documents were obtained by an illegal search, but he fails to tell what documents and how he was prejudiced by their admission. Moreover, there are vague assertions witnesses must have perjured themselves for the search warrants to have issued. There is no offer of proof. “In his supplemental brief, Wilkes admits he has never seen the warrants, supporting affidavits, or inventory lists, that he was told the warrants were sealed, and that he has no facts or evidence to support his claim.” United States v. Wilkes, 2017 U.S. Dist. LEXIS 204408 (S.D. Cal. Dec. 12, 2017).*

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