{"id":1260,"date":"2008-06-21T08:38:38","date_gmt":"2007-08-18T12:49:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-08-18T12:49:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1260","title":{"rendered":"Three month old information about an ongoing meth operation was not stale, particularly when it was corroborated by viewing the scene"},"content":{"rendered":"

Officers’ warrantless entry into defendant’s chicken barn for a meth lab was based on probable cause and exigent circumstances. The information that he was regularly cooking meth there was three months old, but observations at the scene confirmed them: the distinct odor of a meth lab, his red van parked outside, the air conditioner running despite it being cool outside, and seeing him through the window cooking something up that was not food. State v. Bilynsky<\/a>, 2007 ME 107, 932 A.2d 1169 (2007).<\/p>\n

Defendant was found to have been illegally detained under state law after a 911 call and his relationship to it was minimal or nonexistent. However, he apparently abandoned a cracker box by tossing it under his car during the stop and meth was found in the cracker box. Because the trial court’s ruling could not be determined to be “right result\/wrong reason,” the case was remanded to the trial court for fact findings on the question of abandonment of his privacy interest and the connection to the prior illegality. State v. Caprar<\/a>, 214 Ore. App. 434, 166 P.3d 567 (2007).*<\/p>\n

Officers entered defendant’s house by consent looking for a fugitive. The occupants said that he was not there, but they consented in writing to a search of the premises for the person and any contraband, and marijuana was found. The consent was found valid. State v. St. Germaine<\/a>, 2007 WI App 214, 305 Wis. 2d 511, 740 N.W.2d 148 (2007).*<\/p>\n

The Heck<\/em> bar applies to Fifth Amendment claims. Plummer v. Victoria County, 2007 U.S. Dist. LEXIS 59553 (S.D. Tex. August 14, 2007).*<\/p>\n

The Heck<\/em> bar requires summary dismissal when it applies. Gattis v. Fuller, 2006 U.S. Dist. LEXIS 96628 (D. S.C. October 10, 2006).*<\/p>\n

“Consent to search” includes a suitcase in a car. United States v. Lopez, 2007 U.S. Dist. LEXIS 59686 (D. Kan. August 14, 2007).*<\/p>\n

Seatbelt violation led to officer requesting and getting what was found to be valid consent. State v. Triplet<\/a>, 962 So. 2d 506 (La. App. 2d Cir. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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