{"id":3934,"date":"2010-06-06T13:07:35","date_gmt":"2010-03-09T08:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-09T08:05:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3934","title":{"rendered":"MA: SW for premises permitted digging in the yard"},"content":{"rendered":"

Looking in the yard and seeing fresh dirt and digging up a stash of cocaine was within the scope of a search warrant for the premises. Commonwealth v. Perez<\/a>, 76 Mass. App. Ct. 439, 922 N.E.2d 855 (2010):<\/p>\n

There is no merit in the defendant’s further assertion that he had a privacy interest in burying the drugs. Here, it is apparent that the drugs were secreted to escape detection, and the search conducted within the curtilage was proper. The police were not required to establish independent probable cause for that portion of the search. Compare Commonwealth v. Signorine, 404 Mass. 400, 405, 535 N.E.2d 601 (1989).\n<\/p><\/blockquote>\n

Police went to defendant\u2019s home because a runaway underage female was reportedly there. They knocked and no one answered. Finally, they said they were coming in if he didn\u2019t answer so he did. Inside the female was found hiding in a closet. He was accused of aggravated child molestation after admitting he had sex with the girl, which she also admitted. Her being in the closet should have been suppressed, but there was sufficient evidence to convict if it had been excluded. Her statement was attenuated from finding her there. Watson v. State<\/a>, 302 Ga. App. 619, 691 S.E.2d 378 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3934","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3934","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3934"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3934\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3934"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3934"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3934"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}