Search incident of bag of a handcuffed defendant surrounded by six officers and being attended by paramedics was unreasonable. \u201cThe Government argues that Allen could have slipped free of his handcuffs and lunged for the bags, but such gymnastics are extraordinarily unlikely. While Allen may have shown great strength in fighting with the officers at the time of his initial takedown, by the time the bags were searched twenty minutes later, any threat he may have posed had dissipated.\u201d United States v. Allen, 2024 U.S. Dist. LEXIS 198666 (E.D.N.C. Oct. 31, 2024).<\/p>\n\n\n\n
The affidavit for search warrant was not bare bones, and there wasn\u2019t a false statement to overcome the good faith exception. United States v. Peterson, 2024 U.S. App. LEXIS 27729 (6th Cir. Oct. 30, 2024).*<\/p>\n\n\n\n
\u201cNo one suggested to the ATF agents here that the residence consisted of two separate apartments. And even if the Zillow search and exterior entrance might have given the agents some reason to suspect that 3696 Blackmer Road was a multi-unit residence, their observation of the home’s interior through the CI’s video recording, their personal observation of the single address\u20143696\u2014affixed to the home, and their verification with USPS reasonably dispelled any such suspicions. Because the evidence available to the agents does not suggest that they knew or should have known prior to the search that the residence was subdivided, we find the warrant was sufficiently particular and valid.\u201d United States v. Nester, 2024 U.S. App. LEXIS 27728 (6th Cir. Oct. 30, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Search incident of bag of a handcuffed defendant surrounded by six officers and being attended by paramedics was unreasonable. \u201cThe Government argues that Allen could have slipped free of his handcuffs and lunged for the bags, but such gymnastics are … Continue reading