The person answering the door at a motel room said he\u2019d been staying there two days. That was apparent authority for consent to the police to enter. Even if the actual fact was he stayed there one day, the officer still would have seen apparent authority, and that was not IAC for not developing that fact. United States v. Livingston, 2012 U.S. Dist. LEXIS 25558 (W.D. Okla. February 28, 2012).<\/p>\n
Defendant concedes that the marijuana patch in this case was in open fields, but he contends the police entered his curtilage to get a photograph of it. Even if true, that would not have tainted the warrant here when it was excised from the lawfully obtained information. United States v. Simmons, 2012 U.S. Dist. LEXIS 25615 (D. Me. February 28, 2012).*<\/p>\n
Regardless of whether the officer violated Miranda in defendant\u2019s equivocal statement about marijuana in his car in a national park, the officer already had probable cause for a search of the car. United States v. Lehman, 2012 U.S. Dist. LEXIS 25754 (E.D. Cal. February 28, 2012).*<\/p>\n
Defense counsel did, in fact, challenge the search so no IAC for failing to do so. United States v. Davis, 2012 U.S. Dist. LEXIS 24939 (D. Kan. February 28, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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