FL2: State failed to show search of house was within limited scope of def’s consent

Police received a shots fired call involving a duplex. When defendant opened his door, they could see a shell casing and smelled gunpowder from a fired gun. A protective sweep occurred finding nothing. The exigency was over. Defendant gave a limited consent to search which the officers exceeded. There is a lengthy discussion of the consent and voluntariness, but the court concludes the fact finding binds the court of appeals, and the state failed in its burden to show search was within the scope of the consent. Aguilar v. State, 2018 Fla. App. LEXIS 16263 (Fla. 2d DCA Nov. 14, 2018).

In a case involving ATM skimming, there was probable cause shown for searches of the defendant’s hotel rooms based on hotel surveillance piecing together who was where and when. The search warrant for an email account was also with probable cause based on assertions that the fraud would require email accounts to communicate. The electronic information from the door lock on one room was found unreliable by the USMJ, and that was justified. The officer was in the process of getting a search warrant for the room when it was allegedly entered, and nothing from the alleged entry ever made it into the search warrant application. United States v. Bitere, 2018 U.S. Dist. LEXIS 193175 (D. Nev. Nov. 13, 2018).*

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