{"id":17898,"date":"2015-07-04T08:29:25","date_gmt":"2015-07-04T13:29:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17898"},"modified":"2015-07-06T15:22:11","modified_gmt":"2015-07-06T20:22:11","slug":"ma-defs-statement-during-allegedly-illegal-entry-into-his-house-was-spontaneous-and-attenuated","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=17898","title":{"rendered":"MA: Def&#8217;s statement during allegedly illegal entry into his house was spontaneous and attenuated"},"content":{"rendered":"<p>Police turned a snitch who said he just bought cocaine from defendant. Police determined defendant was on probation and had a prior federal trafficking conviction. They lured him out of the house, and they entered for a sweep. Even if the entry into the house was unlawful (it probably was), defendant spontaneously said, while not in custody, that the cocaine was for personal use, indicating that he knew the difference between trafficking and possession. Also indicating voluntariness was his extensive history of interaction with police and probation officers. The spontaneous statement was independent of any potential illegality in an effort to exonerate himself from trafficking.  <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/13p1457.pdf\">Commonwealth v. Komnenus<\/a>, 87 Mass. App. Ct. 587 (June 30, 2015).<\/p>\n<p>Defendant left heroin on the tire of car at an abandoned house, a drop point. He had no reasonable expectation of privacy in that spot. <a href=\"http:\/\/www.judiciary.state.nj.us\/opinions\/a2458-14.pdf\">State v. Jessup<\/a>, 2015 N.J. Super. LEXIS 109 (July 1, 2015).*<\/p>\n<p>The search of defendant\u2019s car was valid under the automobile exception without regard to the legality of the arrest and search incident. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2015\/D07-01\/C:14-1846:J:Bauer:aut:T:fnOp:N:1579959:S:0\">United States v. Harris<\/a>, 2015 U.S. App. LEXIS 11315 (7th Cir. July 1, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police turned a snitch who said he just bought cocaine from defendant. Police determined defendant was on probation and had a prior federal trafficking conviction. They lured him out of the house, and they entered for a sweep. Even if &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=17898\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[75,36,18],"tags":[],"class_list":["post-17898","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-automobile-exception","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17898","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17898"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17898\/revisions"}],"predecessor-version":[{"id":17944,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17898\/revisions\/17944"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17898"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17898"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17898"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}