Warrant was stale [without much explanation], but the good faith exception saves it [also without much explanation]. United States v. Jones, 2009 U.S. App. LEXIS 2429 (11th Cir. February 10, 2009) (unpublished).*<\/p>\n
Record showed defendant consented to a search of his person and rental car on the parking lot of a store that was an open air drug market at night. His cooperation showed consent [but not his acquiescence to a claim of authority?]. United States v. Boyd, 2009 U.S. Dist. LEXIS 9636 (M.D. N.C. February 9, 2009).*<\/p>\n
Dog sniff of defendant’s house was not a violation of the Fourth Amendment. “Here there is no indication the encounter between Chapman and law enforcement was not consensual. Chapman was present and did not object to the arrival of the canine unit or the sniff on the front porch. Under the circumstances, the canine unit was lawfully present on Defendant’s front porch when the sniff occurred. Thus, the dog sniff did not violate the Fourth Amendment.” [Which begs the question of knowing one can object, like the officers would stop if he did.] United States v. Chapman, 2009 U.S. Dist. LEXIS 9435 (E.D. Tenn. February 6, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading