Defendant was handling his rifle and accidentally shot himself. He called 911, and paramedics and the police arrived. The police officer could seize the rifle in plain view when the officer was in the house. United States v. Taylor, 2012 U.S. Dist. LEXIS 4950 (E.D. Mich. January 17, 2012). [Note: As a general rule, a call to 911 is a waiver of a reasonable expectation of privacy for all who might show up: police, EMS, firemen. If you want to protect your privacy, either don’t call 911 or go outside and wait. The number of cases arising from the simple fact the police were called is astounding. How dumb can some people be? My favorite is having a burglar alarm and then complaining because the police showed up, checked the premises, and stumbled upon evidence of crime.]<\/p>\n
Under the \u201cfour corners\u201d of the affidavit, United States v. Hudspeth<\/a>, 525 F.3d 667, 674 (8th Cir. 2008), it shows probable cause for issuance of the search warrant for defendant\u2019s house. Even if it didn\u2019t, there was enough for the good faith exception. United States v. Mariano, 2011 U.S. Dist. LEXIS 151528 (D. Minn. November 22, 2011), R&R United States v. Mariano, 2012 U.S. Dist. LEXIS 4346 (D. Minn. January 13, 2012).*<\/p>\n Defendant\u2019s post-conviction motion that he should have search warrant materials was moot because he got them before the trial. United States v. Reynolds, 2011 U.S. Dist. LEXIS 151546 (E.D. Tenn. June 8, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading