{"id":55093,"date":"2023-06-06T06:22:50","date_gmt":"2023-06-06T11:22:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55093"},"modified":"2023-06-06T06:38:59","modified_gmt":"2023-06-06T11:38:59","slug":"m-d-pa-once-police-executing-a-warrant-on-a-home-discovery-its-multi-family-the-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55093","title":{"rendered":"M.D.Pa.: Once police executing a warrant on a home discover it&#8217;s multi-family, the search must end and a new SW be obtained"},"content":{"rendered":"\n<p>After the police entered the building and conducted a security sweep, they discovered only then it was actually a multi-occupant dwelling. There was no outward appearance there were multiple non-family occupants. The first entry finding a gun was valid. The further entry is suppressed. United States v. Garner, 2023 U.S. Dist. LEXIS 96860 (M.D. Pa. June 2, 2023).*<\/p>\n\n\n\n<p>Defense counsel was not ineffective for not filing a motion to suppress that proved futile. Baggett v. State, 2023 Ga. App. LEXIS 246 (June 5, 2023).*<\/p>\n\n\n\n<p>The warrant was based on probable cause, but it was overbroad. Still, it was not so overbroad that the good faith exception should not apply. United States v. Diallo, 2023 U.S. Dist. LEXIS 96959 (D. Minn. June 5, 2023) (R&amp;R).*<\/p>\n\n\n\n<p>Defendant\u2019s pleading involuntary intoxication as an affirmative defense to vehicular assault, careless driving, and DUI was a limited waiver of the physician-patient privilege. The Fourth Amendment claim was not adequately litigated below, so it isn\u2019t addressed here. People v. Kelley, 2023 CO 32, 2023 Colo. LEXIS 562 (June 5, 2023).*<\/p>\n\n\n\n<p>A police surveillance van watched and videoed drug runners going into and out of an apartment building, and that provided probable cause for the search warrant. Defendant abandons his Franks claim. United States v. Coleman, 2023 U.S. Dist. LEXIS 97138 (N.D. Ind. June 5, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>After the police entered the building and conducted a security sweep, they discovered only then it was actually a multi-occupant dwelling. There was no outward appearance there were multiple non-family occupants. The first entry finding a gun was valid. The &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55093\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,92,114,59],"tags":[],"class_list":["post-55093","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-pole-cameras","category-privileges","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55093","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55093"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55093\/revisions"}],"predecessor-version":[{"id":55097,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55093\/revisions\/55097"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55093"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}