AZ: Protective sweep that produced a bullet casing was unjustified (but harmless)

Defendant has standing to challenge the search of a mobile home he had rented even though he had not fully moved in, and the trial court erred in concluding otherwise. The state’s argument the entry into the mobile home required a protective sweep is also rejected for lack of any justification of exigency. However, on all the evidence at trial, this was harmless. State v. Fuentes, 2019 Ariz. App. LEXIS 968 (Oct. 28, 2019).

Omission from the cell phone search warrant affidavit was that defendant was in jail during part of the time period so it was not “ongoing” for staleness purposes here was not a Franks violation. That time wasn’t material on these facts. United States v. Gentry, 2019 U.S. App. LEXIS 32238 (5th Cir. Oct. 28, 2019).*

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