M.D.Pa.: Police continually banging on def’s door to come out was seizure; no exigency applies; suppressed

Defendant fled from the police in his car in a highspeed chase. They went to his house and came on to defendant’s curtilage, his porch, and shined flashlights through the windows. This was a search on a constitutionally protected area. The officers’ continued knocking and ordering him out was a seizure, even though they did not actually come in. The proffered emergency exceptions do not apply. The motion to suppress his blood draw and statements is granted. United States v. McGrath, 2023 U.S. Dist. LEXIS 198008 (M.D. Pa. Nov. 2, 2023).

Defendant’s stop was based on a BOLO and he and his location clearly matched the report. After the stop he consented to a search. Webb v. State, 2023 Ala. Crim. App. LEXIS 54 (Nov. 3, 2023).*

Defendant had no reasonable expectation of privacy when he was seen masturbating in his prison cell, if that was even a search. State v. Lewis, 2023-Ohio-4010 (7th Dist. Nov. 2, 2023).*

The USMJ held that the warrant was issued with particularity and denied the motion to suppress. There were no objections. United States v. Quinones, 2023 U.S. Dist. LEXIS 197910 (W.D.N.Y. Nov. 3, 2023).*

This entry was posted in Curtilage, Emergency / exigency, Particularity, Prison and jail searches, Reasonable suspicion. Bookmark the permalink.

Comments are closed.