{"id":2262,"date":"2009-08-29T09:31:19","date_gmt":"2008-07-16T07:17:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-16T07:17:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2262","title":{"rendered":"ID: Exigent circumstance was not apparent, but apparent authority for consent was"},"content":{"rendered":"

There were no exigent circumstances for entry into the house during a domestic disturbance call where the only possible justification was that the female was being held against her will, but that was disproved by the fact the defendant was outside talking to the officers. Defendant’s wife had apparent authority to consent to an entry, and she did. State v. Reynolds<\/a>, 146 Idaho 466, 197 P.3d 327 (App. 2008).<\/p>\n

Being in a high crime area at 4 a.m. was suspicious, and officers were responding to a nonspecific 911 call about people with a blue Cadillac. While defendant could have ignored the officers’ inquiries for information, the movement of his hands could have been a movement for a gun, and that justified the stop on the totality of the circumstances. United States v. Johnson, 2008 U.S. Dist. LEXIS 53177 (E.D. Tenn. July 10, 2008).*<\/p>\n

Officer’s erroneous statement that defendant had been in prison which he had received from another officer that proved to be false was not a bad faith statement from the affiant under Franks<\/em>. There were two other possible false statements which were not material. Even so, ignoring the challenged information, there still was probable cause without it. United States v. Bartlett, 2008 U.S. Dist. LEXIS 53294 (D. Utah July 11, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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