{"id":7511,"date":"2013-03-28T08:08:18","date_gmt":"2012-08-01T07:56:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-01T07:56:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7511","title":{"rendered":"CA6: Exigency argument here was factually tenuous and rejected"},"content":{"rendered":"

Defendant was arrested four blocks from his home and the officers had probable cause for his house but no search warrant. The government\u2019s contention that somebody in the neighborhood would possibly give a \u201cheads up\u201d and evidence could be destroyed was too tenuous on the facts. \u201cHow would a person who witnessed a traffic stop a few blocks away know that it was a result of a controlled buy which occurred a few minutes earlier at that address?\u201d [The court does not mention that this is a classic \u201cpolice created exigency\u201d argument.] United States v. Watson<\/a>, 489 Fed. Appx. 922 (6th Cir. 2012).<\/p>\n

Three officers testified they could smell marijuana coming from defendant\u2019s car during the stop, and they were credited. That justified a dog sniff, alert, and search. United States v. Gardner, 2012 U.S. Dist. LEXIS 105024 (M.D. Ala. June 27, 2012), adopted 2012 U.S. Dist. LEXIS 104498 (M.D. Ala. July 27, 2012).*<\/p>\n

An issue in the motion but not briefed is waived in the district court. United States v. Laughlin, 2012 U.S. Dist. LEXIS 104921 (N.D. Ga. July 6, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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