CA6: “Hey, man, I said come here” was still a consensual encounter

The district court’s finding of fact is not clearly erroneous. The officer said he said “please” and defendant said he said “Hey, man. … Hey, come here,” and when defendant continued to walk, the officer supposedly yelled, “Hey, man, I said come here.” “The body camera video gives further support to Officer Hodge’s version of events and to the district court’s conclusion that the search was consensual.” United States v. Gyurnek, 2020 U.S. App. LEXIS 40806 (6th Cir. Dec. 30, 2020).

A three month lag between the government obtaining child pornography and linking it to defendant’s IP address in a search warrant affidavit wasn’t stale. [Perhaps if he could show he wasn’t living there three months ago?] Besides, the good faith exception exception applies. United States v. Pace, 2020 U.S. Dist. LEXIS 243541 (E.D. Mich. Dec. 29, 2020).*

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