Consent, found otherwise validly granted (after repeated requests: “Odom said, ‘you are going to find it anyway. Go ahead.’ Odom did not place any limitations on the scope of his consent.”), permitted the officer to search the safe in the room. The defendant denied having the key to the safe, so the officer got the motel manager to open it with a master key and found crack cocaine. State v. Odom, 2006 ND 209, 722 N.W.2d 370 (October 17, 2006).
There were false statements in the affidavit for the search warrant, but whether they were intentional or reckless did not matter. Instead, court takes the simpler and more logical route and excises the information, retests it, and finds PC. State v. Ebel, 2006 ND 212, 723 N.W.2d 375 (October 17, 2006):
[*P27] Here, after correcting the potentially false information in Hill’s testimony in support of issuance of the warrant, we conclude the remaining information is sufficient to establish a nexus to support probable cause. With regard to the rubber gloves and shop towels found in the sewer, even without the information that their origins pointed to only two houses, Ebel’s residence remained one of seven residences as a potential source for these items. Hubrig’s proffered affidavit neither rebuts the fact that the gloves and towels were found in the sewer, which as Officer Hill testified indicated the presence of methamphetamine production, nor does the affidavit eliminate Ebel’s house as a potential source for these materials.
[*P28] Ebel argues Officer Hill also made a false statement by failing to inform the district court that Ebel is a welder by profession. Again, Ebel has not presented any evidence whether this omission by Officer Hill was either intentional or reckless. Ebel asserts his occupation as a welder provides an innocent explanation for possessing the cylindrical tanks observed being taken into Ebel’s house. But our inquiry is not whether conduct is innocent or guilty; rather the degree of suspicion that attaches to it. See Ballweg, 2003 ND 153, P18, 670 N.W.2d 490. We conclude the fact Ebel was a welder does not alone preclude the existence of probable cause to support the issuance of the warrant. We therefore hold that Ebel did not make a substantial preliminary showing requiring an evidentiary hearing under Franks.
[*P29] We conclude the district court’s denial of Ebel’s request for a Franks hearing was proper. We therefore affirm the district court’s denial of a Franks hearing and the court’s determination that probable cause existed to support the issuance of the search warrant.
Destruction of evidence exception permitted warrantless entry to search for drugs. State v. Sturdivant, 2006 Ohio 5451, 2006 Ohio App. LEXIS 5436 (8th Dist. October 19, 2006):
[*P8] Here, the police had an objectively reasonable belief that the destruction of evidence was imminent. First, Sturdivant’s co-defendant told the police that it was likely that Sturdivant had drugs in the house where he parked his Cadillac. Second, Sturdivant, who had just been arrested for throwing four and a half ounces of cocaine on the ground and having additional cocaine in the Yukon, informed the police that there were people in his house and that he had at least $10,000 cash there. Finally, two males ran out of the Yukon and were not apprehended, which supports a reasonable belief that those two males could instantly spread the word to those in the house that there was a drug bust, placing any additional evidence at the risk of destruction. Based on these facts, the destruction of evidence exception authorized the initial search of Sturdivant’s home without a warrant.
[*P9] After the initial search, the police obtained a search warrant.
Defendant’s handcuffing was a mere custodial detention but not an arrest for Miranda purposes. State v. Bishop, 2006 Tex. App. LEXIS 9084 (Tex. App. – Dallas October 20, 2006).*
Totality of circumstances supported reasonable suspicion. Court analyzed at length all the facts in the case and concludes that reasonable suspicion existed from known facts and corroborated informant tips. State v. Alverez, 2006 UT 61, 563 Utah Adv. Rep. 10, 147 P.3d 425 (October 20, 2006).*
