N.D.Ga.: Apparently likelihood meth in office building could be moved justified warrantless entry

“[T]he Court finds that the evidence is materially credible and consistent and, taken as a whole, indicates that it appeared very likely that law-enforcement activity had been detected by the time of the warrantless entry, that there was a high risk that evidence would be removed, tampered with, or destroyed, and thus that exigent circumstances rendered the warrantless entry reasonable.” It was apparent the targets of the search were almost certainly aware that one of their confederates had been arrested, and loss of the evidence was possible. United States v. Mendoza, 2022 U.S. Dist. LEXIS 33867 (N.D.Ga. Feb. 25, 2022).

The alleged falsity removed, the affidavit for this search warrant still shows probable cause. The search warrant was not stale considering the timeliness of information obtained, and the good faith exception applies to it all. United States v. Washington, 2022 U.S. Dist. LEXIS 32981 (D.Minn. Feb. 23, 2022).*

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