MI: Seizing def’s home without reason to believe a wanted person was inside violated 4A

“The police officers violated the defendant’s constitutional right to be free from an unreasonable search and seizure when they exceeded the proper scope of a knock and talk by approaching and securing the defendant’s home without sufficient reason to believe that the subject of the arrest warrant was inside the home. … The evidence obtained during the search of the defendant’s home must be suppressed because the warrantless entry was the direct result of the Fourth Amendment violation, and in this case the benefit of deterring future police misconduct outweighs the cost of exclusion. …” Summarily reversed. People v. Towne, 2019 Mich. LEXIS 2152 (Nov. 22, 2019).

Defendant was charged with Hobbs Act robbery of a marijuana delivery truck in San Francisco. The search warrant for defendant’s Instagram account lacked any semblance of probable cause, and the good faith exception did not apply. The independent source and inevitable discovery doctrines also don’t apply. United States v. Johnson, 2019 U.S. Dist. LEXIS 203515 (N.D. Cal. Nov. 22, 2019).*

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