Officers had a valid arrest warrant, and they knocked and announced prior to entry. Loud music inside made it so the occupants couldn\u2019t hear. Knock and announce is based on doing just that, not necessarily being heard, especially because of the noise from inside. After defendant was arrested and removed, the officers could not re-enter just to conduct a search incident again. However, a search warrant had since been obtained, and that made the second entry legal. United States v. Nevels, 2013 U.S. Dist. LEXIS 184077 (M.D. Ala. December 6, 2013).*<\/p>\n
When defendant\u2019s car was seen, the officer remembered that defendant\u2019s name came up in a shoplifting at a Kmart three weeks earlier as driving the getaway car. When defendant was stopped here, the officers \u201cdrew down on him,\u201d and there was no probable cause for his arrest. The search incident of his person and car was thus unreasonable. People v. Tuncap<\/a>, 2014 Guam 1, 2014 Guam LEXIS 2 (January 16, 2014).*<\/p>\n Stopping in the middle of the road supported defendant\u2019s traffic stop. United States v. Williams<\/a>, 740 F.3d 308 (4th Cir. 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading