{"id":57736,"date":"2024-04-28T15:47:56","date_gmt":"2024-04-28T20:47:56","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57736"},"modified":"2024-04-28T15:47:56","modified_gmt":"2024-04-28T20:47:56","slug":"nd-warrantless-entry-into-garage-to-investigate-driving-on-a-suspended-license-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57736","title":{"rendered":"ND: Warrantless entry into garage to investigate driving on a suspended license unreasonable"},"content":{"rendered":"\n

Officers had probable cause to believe defendant was driving on a suspended DL, and they were parked outside his house and watched him drive into his garage. There was no exigency for the police entry into his garage to arrest him on that misdemeanor offense. \u201cThe facts presented to the district court do not establish exigent circumstances relating to dissipation or destruction of evidence. Moreover, the record is void of any evidence Fuglesten presented an imminent harm of violence or escape from the home. Fuglesten’s interaction with the officers was non-threatening. The record does not show that law enforcement lacked time to secure a warrant.\u201d State v. Fuglesten<\/a>, 2024 ND 74, 2024 N.D. LEXIS 69 (Apr. 19, 2024).<\/p>\n\n\n\n

Defendant was a suspect in the theft of over 50 firearms, most of which had not been recovered. \u201cFor these reasons, the Court is satisfied that the protective detention of Defendant Johnston and Studeman was justified under the totality of the circumstances and was no longer than necessary to protect the officers from harm and complete Defendant Hutchins’ arrest.\u201d It was custodian. Some questions fall within the public safety exception and aren\u2019t suppressed, some don\u2019t and are. United States v. Hutchins, 2024 U.S. Dist. LEXIS 73550 (E.D. Okla. Apr. 23, 2024).*<\/p>\n\n\n\n

Defendant\u2019s 2255 repackaged the Fourth Amendment arguments he lost on appeal. Dismissed. James v. United States, 2024 U.S. Dist. LEXIS 74972 (S.D. Ga. Apr. 2, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers had probable cause to believe defendant was driving on a suspended DL, and they were parked outside his house and watched him drive into his garage. There was no exigency for the police entry into his garage to arrest … Continue reading →<\/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":[50,117,3,126],"tags":[],"class_list":["post-57736","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-custody","category-emergency-exigency","category-issue-preclusion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57736","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=57736"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57736\/revisions"}],"predecessor-version":[{"id":57737,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57736\/revisions\/57737"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57736"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57736"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57736"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}