The landlord was changing all the locks in an apartment complex for uniformity and warned the tenants. They showed up at defendant’s apartment and knocked, but defendant didn’t answer. They tried unlocking the door but the master key didn’t work. They call for a civil standby by the police. When they drilled open the lock, the door was blocked from the inside, so they assumed defendant was home. Defendant hid in a closet. They got the door open and came in, and the officer did a protective sweep finding defendant in a closet. He had some marijuana and a bong out in the open. The landlord sued to evict. The exclusionary rule doesn’t apply to civil evictions. Nationwide Hous. Corp. v. Skoglund, 2018 Minn. App. LEXIS 107 (Feb. 5, 2018).
The affidavit for search warrant doesn’t have to establish that the place to be searched is defendant’s. It does have to show probable cause to believe that the sought after evidence will be in the place, and it does. United States v. O’Connor, 2018 U.S. App. LEXIS 2795 (6th Cir. Feb. 5, 2018).