E.D.Ky.: First entry was illegal, but they all went outside; then defendant consented to re-entry

Officers illegally entered defendant’s house, but they all went outside where defendant argued with them, and then invited them inside to “talk about it.” Once inside, he revoked his consent. The second entry was by consent. United States v. McCormick, 2011 U.S. Dist. LEXIS 126808 (E.D. Ky. November 1, 2011).*

Tasering a suicidal man repeatedly who was clutching a knife on his family and the situation was rapidly deteriorating was objectively reasonable supporting the district court’s grant of judgment as a matter of law. Sandberg v. City of Torrance, 456 Fed. Appx. 711 (9th Cir. 2011) (unpublished).*

After a traffic stop, National Park Rangers finding a 57 year old defendant traveling with a minor he picked up in another state, who shared hotel rooms with her, bought a sex toy, and photographed her, was enough to show probable cause for a search of the computer in his car for child pornography, distinguishing other recent cases saying that sexual abuse of a minor does not automatically lead to the conclusion child porn was made. United States v. Miller, 2011 U.S. Dist. LEXIS 126772 (W.D. Va. November 2, 2011).*