Defendant, a suspect in a shooting, was arrested in his house, handcuffed, patted down for a weapon, and removed to the police station. His girlfriend lived with him and consented to a search of the premises. Defendant could not show that he was removed from the premises just to keep him from objecting to the search. She consented. United States v. Santiago, 2016 U.S. Dist. LEXIS 174965 (E.D.Wis. Nov. 2, 2016), adopted, 2016 U.S. Dist. LEXIS 174967 (E.D.Wis. Dec. 19, 2016).<\/p>\n
There was no viable issue that the Tribal judge who issued a Tribal warrant in this case wasn\u2019t authorized or neutral and detached. Defendant\u2019s focus on the continuing and lawful authority of the judge under Tribal law isn\u2019t relevant. Moreover, Gates recognized that non-lawyers issue search warrants all the time, and state judges can issue search warrants when a USMJ is unavailable. United States v. Jones, 2016 U.S. Dist. LEXIS 175760 (D.Minn. Oct. 3, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant, a suspect in a shooting, was arrested in his house, handcuffed, patted down for a weapon, and removed to the police station. His girlfriend lived with him and consented to a search of the premises. Defendant could not show … Continue reading