MT: When def asserts right to a SW on curtilage, deputy should have left if no exigency

When a sheriff’s deputy came on the curtilage to talk to defendant, defendant asserted his right to a warrant and refused to talk to him. While there were no No Trespassing signs, defendant’s assertion was enough to manifest his reasonable expectation of privacy that society would recognize. There was no exigency excusing a warrant. State v. Smith, 2021 MT 324, 2021 Mont. LEXIS 1041 (Dec. 28, 2021) (decided under Fourth Amendment and state constitution).

Defendant’s interactions with a state trooper in Illinois can form reasonable suspicion for a violation of supervised release in Missouri and then a search. United States v. McNair, 2021 U.S. Dist. LEXIS 245647 (E.D. Mo. Dec. 27, 2021).*

Defendant wasn’t seized by being approached by an officer until he was directed to step out of the vehicle and he did. A plain view on the seat was inevitable discovery because the vehicle was subject to impoundment and inventory. The automobile exception also applies. United States v. Goerig, 2021 U.S. Dist. LEXIS 246286 (E.D.Pa. Dec. 28, 2021).*

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