Defendant rented a condo in Atlanta, deceiving the landlord by using an assumed name. The landlord consented to a search. The landlord had no power to consent to a search. People rent hotel rooms and apartments and even buy houses under assumed names. The fact defendant was seeking to avoid arrest didn’t mean he still didn’t have a reasonable expectation of privacy from the landlord’s consent. United States v. Thomas, 2023 U.S. App. LEXIS 9306 (7th Cir. Apr. 19, 2023).
Officers had a controlled buy 90 days before the warrant. Another 10 days before the warrant made neither stale. Malden v. State, 2023 Fla. App. LEXIS 2694 (Fla. 1st DCA Apr. 19, 2023).*
The warrantless entry into defendant’s locked gated property to arrest him for a murder where there was bona fide fear of destruction of evidence, some having been thrown from his truck on the way home, was not a dispositive issue for a defense appeal. Other evidence connected him to the murder. Le Boss v. State, 2023 Fla. App. LEXIS 2698 (Fla. 1st DCA Apr. 19, 2023).*