PA: Officer safety was not presumed to be exigency where def did nothing to warrant fear he’d use a weapon by merely refusing consent and walking away

Exigency of officer safety did not permit officers to search defendant’s garage. They came without a search warrant to arrest a third person. Defendant denied anyone else was there, refused to consent to a search, and turned and walked away. As the officers got closer to the garage following him, they saw a compound bow and a rifle inside. “After Appellant told the troopers to leave his property, Appellant walked away. It is not reasonable to infer from Appellant’s retreat that Appellant was intending to harm the troopers.” Commonwealth v. Duke, 2019 PA Super 115, 2019 Pa. Super. LEXIS 342 (Apr. 12, 2019).

Enough was shown to the issuing magistrate to justify a search of the entire premises because nexus was shown. Reconsideration denied. United States v. Matthews, 2019 U.S. Dist. LEXIS 61098 (S.D. Ill. Apr. 10, 2019).*

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