ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. Defendant slowed near the house and threw something from the driver window. He stopped, and the officer asked what was thrown, and defendant denied throwing anything. He was handcuffed and the officer and others came and looked for what was thrown. After about five minutes they found a football sized bag near the house containing 119g of methamphetamine. Defendant abandoned the bag. The officer’s entry onto the curtilage was in pursuit. State v. Snapp, 2018 Ida. App. LEXIS 4 (Jan. 31, 2018).

The motion to suppress is resolved backwards by determining that the good faith exception applies and then that there was good faith for the search, showing a cumbersome decision process. [Apparently the court has doubts about its probable cause finding, but, considering the presumption of regularity of search warrants, that was a no-brainer on all the police had.] United States v. Morrow, 2018 U.S. Dist. LEXIS 13377 (W.D. Tex. Jan. 29, 2018).*

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