D.Mont.: “he’s not fucking here—go fucking look” was consent to enter

The government met its burden of proof that defendants consented to entry into their house to look for a wanted man by their saying “he’s not fucking here—go fucking look” and “he’s not fucking in there—go ahead.” United States v. Hill, 2020 U.S. Dist. LEXIS 12176 (D.Mont. Jan. 24, 2020).

The search incident of defendant’s backpack was unreasonable where the police had control of it well prior to the search. United States v. Bell, 2020 U.S. Dist. LEXIS 11613 (S.D. N.Y. Jan. 21, 2020).

It “appears” there is probable cause for issuance of the search warrant, and defendant does not even get an evidentiary hearing. In addition, the attempted Franks showing falls short. United States v. Beardsley, 2020 U.S. Dist. LEXIS 12188 (W.D. N.Y. Jan. 2, 2020).*

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