State cases received today

Police unlawfully entered defendant’s girlfriend’s house and the consent they obtained after that was not purged of the taint. Black v. State, 281 Ga. App. 40, 635 S.E.2d 568 (August 10, 2006).*

Defendant 400′ away from building when warrant was executed could not be detained under Summers. State v. VanHecke, 2006 Iowa App. LEXIS 954 (August 9, 2006):

Here, VanHecke was not present in or anywhere near the structures or curtilage listed in the search warrant when the officers arrived to execute the warrant or began doing so. He was at least 400 yards away in a hay field. Although the district court found VanHecke was “within [sight] of the officers while at the house,” we find no evidence in the record to support such a finding. The record does not affirmatively indicate that while the officers were at the residence they could see VanHecke or that he could see them. To the contrary, although the record is not entirely clear on this point it seems to affirmatively demonstrate that VanHecke was not readily visible from the residence, because Deputy Eckhardt had to ask VanHecke’s father where to find him. Deputy Eckhardt testified he then headed out to the hay field that VanHecke’s father “had pointed me toward,” and on his “way out there, maybe 400 yards, an estimate, on the top of the knoll” is where he found a truck with VanHecke in it.

Officer had RS that defendant was a prostitute based on her dress and actions and not on her race. State v. Wise, 2006 Iowa App. LEXIS 976 (August 9, 2006).*

After DUI arrest, officer found open bottle of vodka in plain view just as inventory was starting. [It would also be likely admissible under SI.] State v. Delao, 2006 MT 179, 140 P.3d 1065 (August 8, 2006).*