W.D.N.C.: The fact def’s car crossed the county line between when the police car lights came on and when he was stopped is not a basis to suppress

The fact a stop was started in one county and actually occurred as defendant crossed the county line is not a basis for suppressing the stop. Defendant’s consent to search his house is suppressed, however, because of language difficulties: “Thus, under the totality of the circumstances presented here, the undersigned finds that the consent given by Defendant cannot be considered free, intelligent, and unequivocal.” United States v. Villa, 2019 U.S. Dist. LEXIS 117356 (W.D. N.C. Date: June 10, 2019).

Defendant was indicted in 2018 for a 2013 tax search. The warrant did not specify the crime under investigation, although the leader of the raid told the others what they were looking for. Nothing was incorporated, and the court finds the search warrant violated the Fourth Amendment for lack of particularity. Yet, a hearing will be held on the question of good faith. United States v. Drago, 2019 U.S. Dist. LEXIS 117353 (E.D. N.Y. June 25, 2019).*

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