While the record isn\u2019t clear, the apartment here appears to be small enough that a protective sweep validly covered all the space inside, including the balcony near where defendant was arrested. United States v. Washington, 2015 U.S. Dist. LEXIS 43617 (D.Nev. February 3, 2015). [It’s a heavy burden for the defense to show that any protective sweep that is just a look isn’t valid based on size of the dwelling. A ten room house is small enough. What about a 40 room house?]<\/p>\n
Defendant\u2019s argument isolated the parts of the officer’s testimony in an effort to show no reasonable suspicion, but the argument essentially ignores the totality of circumstances. \u201cIt is apparent from defense counsel’s cross-examination, as well as the briefs filed by defense counsel, that Mr. Johnson is arguing, in part, that Trooper Knott had already concluded that he had a drug trafficker when he first saw a black man driving a vehicle with a New Jersey license plate. Thus, Mr. Johnson argues that thereafter Trooper Knott’s conduct was entirely aimed at confirming the conclusion he had arrived at without any supporting information. As a result, Mr. Johnson argues that Trooper Knott had a distorted interpretation of Mr. Johnson’s otherwise innocent and explainable behavior. Seen in this light, Mr. Johnson’s argument is reasonable but still unconvincing.\u201d The officer acted reasonably and professionally throughout. United States v. Johnson, 2015 U.S. Dist. LEXIS 40558 (W.D.Pa. March 30, 2015).*<\/p>\n
Six month old information wasn\u2019t stale in a child pornography investigation. Defense counsel informed the defendant that it was a frivolous motion, and defendant concurred not to file a motion to suppress that wouldn\u2019t win anyway. Defendant\u2019s computers were searched and he continued obtaining child porn and he was also convicted of interstate transportation of a minor for sex and was sentenced to life. United States v. Simons, 2015 U.S. Dist. LEXIS 42836 (N.D.Ala. January 6, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
While the record isn\u2019t clear, the apartment here appears to be small enough that a protective sweep validly covered all the space inside, including the balcony near where defendant was arrested. United States v. Washington, 2015 U.S. Dist. LEXIS 43617 … Continue reading