The knock-and-talk turned into a full scale raid, and the parties agree it was unreasonable. The R&R is rejected that defendant didn\u2019t have standing. \u201cThe Court finds that defendant has standing to challenge the police conduct in and near the areas of ingress and egress of Unit A, regardless of his status as an overnight guest. The Court declines to accept the more expansive standing recommended by the Report and Recommendation, or its reliance on defendant’s status as an overnight guest.\u201d United States v. McSwain, 2018 U.S. Dist. LEXIS 193943 (M.D. Fla. Nov. 14, 2018).<\/p>\n
\u201cOfficer Perdomo testified that he knew he needed a warrant to get evidence out of the house, but that evidence included a zip lock baggie with powder in it. Further, based on their surveillance and a tip, law enforcement believed that there were guns in the house. Consequently, it seems likely that law enforcement would have obtained the warrant regardless of whether Office Perdomo had found the gun during the protective sweep. Thus, the gun would have been discovered through an independent source.\u201d United States v. Brown, 2018 U.S. Dist. LEXIS 193025 (S.D. Fla. Nov. 13, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The knock-and-talk turned into a full scale raid, and the parties agree it was unreasonable. The R&R is rejected that defendant didn\u2019t have standing. \u201cThe Court finds that defendant has standing to challenge the police conduct in and near the … Continue reading