D.Neb.: Initial entry into hotel room was unlawful, but affidavit for SW showed PC before that happened, and SW not suppressed

Even though the officer’s entry into the hotel room was unlawful, the officer had probable cause before that. So, even ignoring the observations in the room, the warrant will not be suppressed. United States v. Sandoval, 2018 U.S. Dist. LEXIS 221342 (D. Neb. Dec. 31, 2018).*

This case turns on the validity of the initial stop. The court saw the video, and credits the officer. When confronted with an inconsistency, she candidly clarified and admitted a mistake. The court finds that “to be more of a slight mistake given the speed of the events, and not a willful untruthfulness.” The stop was valid. United States v. McCoy, 2019 U.S. Dist. LEXIS 24493 (E.D. Cal. Feb. 15, 2019).*

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