VI: In a pretrial curfew check, third-party custodian can consent to entry and search

Defendant was on pretrial release with a curfew at the home of his third-party custodian. Officers came for a compliance check and knocked at the door. Getting no answer, they went to the back door. They were lawfully on his property. The third-party custodian could consent to the entry and search. Heath v. People of the V.I., 2024 V.I. 17, 2024 V.I. Supreme LEXIS 16 (Mar. 27, 2024).

The affidavit for warrant showed a fair probability of nexus between defendant and the place to be searched. Prior investigation had already linked him to the place. United States v. Beasley, 2024 U.S. App. LEXIS 7812 (7th Cir. Apr. 2, 2024).*

2254 petitioner’s successor habeas petition is denied. It alleges no new facts or law. On his Fourth Amendment claim, he said that an officer took his shoe and placed it at the crime scene. Whether as a Fourth Amendment or tampering with evidence claim, it’s not a valid basis. In re Simpkins, 2024 U.S. App. LEXIS 8052 (11th Cir. Apr. 3, 2024).*

This entry was posted in Consent, Knock and talk, Nexus. Bookmark the permalink.

Comments are closed.