Officers had a search warrant for the premises of a house, and an outbuilding off the curtilage was searched, too. \u201cDefendant next argues that the officers exceeded the scope of the search warrant because the converted shed was outside of the main residence’s curtilage. These facts present a close call, but it is not necessary for the Court to make this determination due to the good faith exception. Even if the officers exceeded the scope of the warrant, the seized evidence would still be admitted if the officers reasonably relied in objective good faith on a subsequently invalidated warrant that was issued by a detached and neutral magistrate. … Although there was some indication that the converted shed was being used as a separate living unit, the Court concludes that it was reasonable for the officers at the time of the search to believe the shed was part of the main residence and covered by the\u00a0search warrant. Under the good faith exception, which is applicable here, the evidence should not be excluded.\u201d United States v. Whitaker, 2022 U.S. Dist. LEXIS 29988 (M.D.Fla. Feb. 18, 2022).<\/p>\n\n\n\n
The officer had reasonable suspicion on the totality for a stop in a sparsely occupied area late at night, windows tinted so much he couldn\u2019t see in the vehicle, defendant\u2019s name having come up in a drug investigation the officer was aware of. United States v. Caudle<\/a>, 2022 U.S. App. LEXIS 4508 (10th Cir. Feb. 18, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":" Officers had a search warrant for the premises of a house, and an outbuilding off the curtilage was searched, too. \u201cDefendant next argues that the officers exceeded the scope of the search warrant because the converted shed was outside of … Continue reading