E.D.Mich.: Defendant’s excuse for his conduct does not undermine initial probable cause

An illegal power connection outside the house led to a search warrant for the house for proof of electricity theft. The defendant’s excuse for his conduct that arguably made it legal, at least in his mind, did not undermine the initial probable cause. Contraband was found. United States v. Lewis, 2013 U.S. Dist. LEXIS 15277 (E.D. Mich. February 5, 2013).

Officers had reasonable suspicion defendant was under the influence for an FST. He left a bar at 2:15 am and drove erratically. When stopped, he fumbled with his wallet looking for his DL, he smelled of alcohol, and admitted having consumed alcohol. State v. Dillehay, 2013 Ohio 327, 2013 Ohio App. LEXIS 295 (3d Dist. February 4, 2013).*

Defendant did not show “standing” to challenge the search of the house he was visiting when the raid occurred. He presented no witnesses and asked no questions of government witnesses that even suggested standing. United States v. Rose, 2013 U.S. Dist. LEXIS 16366 (W.D. Pa. February 7, 2013).*

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