N.D.Cal.: Exigency for entry fails; officers knew victim was not there

The emergency aid justification for a warrantless entry into defendant’s house in a domestic dispute wasn’t applicable because there no longer was an emergency. The victim was safe elsewhere and nobody was home. Also, the good faith exception wasn’t proved to be applicable by the government. United States v. Chan, 2021 U.S. Dist. LEXIS 75927 (N.D. Cal. Apr. 19, 2021).

“Johnson offers no real argument or evidence to meet this test and has not met his burden to show that the good-faith exception is inapplicable. His motion could be denied on that basis alone.” United States v. Johnson, 2021 U.S. Dist. LEXIS 75289 (S.D. Miss. Apr. 20, 2021).*

2255 petitioner claiming ineffective assistance of counsel for not challenging his search has to show both that the search was invalid and that the good faith exception wouldn’t apply. Conclusory allegations not enough. Trussell v. United States, 2021 U.S. Dist. LEXIS 76206 (N.D. Tex. Apr. 20, 2021).*

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