Defendant worked at a Kroger store, and she was outside with a friend who had just bought a lot of kitchen matches with another friend. The off duty officer working loss prevention suspected the matches were going to be used to manufacture meth. The officer questioned the purchaser, and defendant tried to go back into the store; the officer said “Ms. Botto, can you come back here please?” This was a seizure. She later consented to a search of her work apron which produced a small quantity of meth. Botto v. Commonwealth, 220 S.W.3d 282 (Ky. App. 2006).
Police received an anonymous call about a suspicious person at a particular location, and they saw the defendant and another jump over a short brick wall leaving the premises. When stopped, the defendant said that it was her house, and she hopped over the wall because she had lost her key to the gate. The police entered her house and searched illegally. The motion to suppress should have been granted. State v. Marley, 945 So. 2d 808 (La. App. 4th Cir. November 8, 2006, released for publication January 11, 2007).
Furtive movements to the pocket when a police officer was observed in a high crime area was cause for a patdown for a weapon. State v. Kelly, 946 So. 2d 222 (La. App. 4th Cir. November 21, 2006, released for publication January 25, 2007).*
The fact information from an illegal search made it into a search warrant did not void the search under the warrant. The trial court is directed to excise the information derived from the illegal search from the affidavit and retest the balance to see if probable cause remains. State v. McKinney, 361 N.C. 53, 637 S.E.2d 868 (December 15, 2006), rev’g 174 N.C. App. 138, 619 S.E.2d 901 (2005) (which suppressed whole search).
“After careful review of the record and the applicable case law, we conclude that the duration of the stop is not the determinative issue in this case. At issue is whether, once the warning had been given and Rutledge was told he was free to go, the continued detention of the parties was reasonable.” Here, it was, and the trial court’s suppression order is affirmed. State v. Lavender, 2006 Ohio 6632, 2006 Ohio App. LEXIS 6553 (6th Dist. December 15, 2006).*
Defendant with his girlfriend was questioned by police, and, when the officer asked about a gun because he saw a gun cable lock, defendant’s girlfriend said “Here, I’ll show you.” The trial court’s finding of consent was not clearly errenous. State v. Keggan, 2006 Ohio 6663, 2006 Ohio App. LEXIS 6561 (2d Dist. December 15, 2006).*
