Officer was in a house with a suspect with a history of threatening with a gun. When the defendant admitted having a gun in the house, the situation for the officer became more \u201cworrisome\u201d and the officer was not obliged to let the defendant retrieve the gun. Officer\u2019s looking for the gun in this situation was reasonable. United States v. Zetterman, 2009 U.S. Dist. LEXIS 122823 (D. Me. November 16, 2009).*<\/p>\n
Defendant\u2019s motion to suppress did not allege standing or that the consent was involuntary, and it was denied. United States v. Cerna, 2009 U.S. Dist. LEXIS 122847 (N.D. Cal. December 21, 2009).*<\/p>\n
Parole hold was subject to Miranda requirements, and defendant\u2019s unMirandized statement he had a gun in his house was fruit of the poisonous tree as was the search for the gun. Fowler v. State<\/a>, 2010 Ark. App. 23, 2010 Ark. App. LEXIS 35 (January 13, 2010).*<\/p>\n Defendant’s car search was justified by probable cause, so Gant was inapplicable as a search incident. Cain v. State<\/a>, 2010 Ark. App. 30, 373 S.W.3d 392 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading