Officers asked for defendant who the householder said was “right over there.” This was not consent and was ambiguous, so government did not prove consent to enter to arrest the defendant. United States v. Castapheny, 2007 U.S. Dist. LEXIS 32872 (S.D. W.Va. May 3, 2007).
Protective sweep that lasted too long was unreasonable. And, inevitable discovery does not apply because there was no ongoing line of investigation that would have inevitably led to finding the drugs. United States v. Ibarra, 2007 U.S. Dist. LEXIS 32901 (D. S.D. May 3, 2007):
The Magistrate’s Report and Recommendation correctly concluded that this Court is limited by the Eighth Circuit’s interpretation of Buie in the Waldner case. The “sweep” in the case at hand lasted longer than what was necessary to dispel any reasonable suspicion of danger, and extended beyond a “cursory inspection” of any potentially dangerous space within the trailer home. Further, at the time Officer Ellman discovered the narcotics on the plate he could no longer have possessed “a reasonable belief based on specific and articulable facts that the area to be swept harbor[ed] an individual posing a danger.” Buie, 494 U.S. at 337. For these reasons the Magistrate’s Report and Recommendation correctly rejects the Government’s position that the search was valid under the protective sweep doctrine.
. . .
In addition, this Court does not find that in the facts of this case there existed “an ongoing line of investigation that is distinct from the impermissible or unlawful technique,” so as to satisfy the second factor of the inevitable discovery exception to the exclusionary rule. See United States v. Villalba-Alvarado, 345 F.3d 1007, 1020 (8th Cir. 2003). Although Officer Ellman when identifying individuals in the back room discovered that one of the women had an outstanding arrest warrant, this incident does not constitute a substantial, alternative line of investigation that the officer was pursuing at the time his conduct exceeded the scope of a valid protective sweep. Having satisfied neither of the two factors, the facts of this case do not support the inevitable discovery exception to the exclusionary rule.
Evidence seized during unlawful search cannot constitute proof against the victim of the search, and this exclusionary prohibition extends to both direct and indirect products of the unlawful search. Wong Sun v. United States, 371 U.S. 471 (1963). Since this Court has determined that the officer’s conduct exceeded the scope of a Constitutionally valid protective sweep at the time the drugs on the plate were found in the bedroom, and since this Court has found that the inevitable discovery exception to the exclusionary rule does not apply, this Court concludes that evidence of the drugs on the plate shall be suppressed, and the evidence of other drugs and drug related items that were found in the trailer as well as Defendant’s statements that were made after being confronted with the evidence of the drugs on the plate, shall be suppressed as the fruit of the unlawful search.
The question of consent for entry to arrest was fact bound, as defendants concede, so summary judgment was precluded. Stokes v. City of New York, 2007 U.S. Dist. LEXIS 32787 (E.D. N.Y. May 3, 2007).*
Posting plaintiff on a “Mug/Drug website” with a disclaimer that the individuals posted had been arrested but not convicted did not state a § 1983 claim. It did not state a state claim for defamation because it was true. Blake v. Minner, 2007 U.S. Dist. LEXIS 32819 (D. Del. May 1, 2007).*
Government showed sufficient reasonable cause to seize money as possible drug money to survive motion to dismiss a forfeiture action under CAFRA (essentially the same probable cause to seize it in the first place). United States v. $50,040 in United States Currency, 2007 U.S. Dist. LEXIS 32840 (N.D. Cal. April 19, 2007):
This order looks to the totality of the circumstances to evaluate the sufficiency of the complaint. Mondragon, 313 F.3d at 866. In the instant case, the $ 50,040 consisted of 118 hundred-dollar bills, 108 fifty-dollar bills, 1641 twenty dollar bills and 2 ten-dollar bills. The currency “was divided into 50 individually rubber-banded stacks” contained in “two separate heat-sealed pouches,” further sealed in a computer box (Compl. PP 9). Although strong evidence, a large sum of money, by itself, is insufficient to show a connection to drugs. United States v. Currency, U.S. $42,500.00, 283 F.3d 977, 981-982 (9th Cir. 2002). But other factors present here suggest a connection to drugs. Courts have found the manner of packaging used in this case to be consistent with drug trafficking. Id. at 982 (wrapping money in cellophane was commonly used to conceal drug odor and avoid detection by drug dogs); United States v. $242,484.00 in U.S Currency, 389 F.3d 1149, 1161-1163 (11th Cir. 2004) (rubber-banded money sealed in cellophane-like material and Christmas wrap was consistent with drug couriers). The narcotic detection canine alerted to the package. $42,500.00, 283 F.3d at 982 (whether there is a sophisticated dog alert is an important factor). When questioned, the claimant gave inconsistent statements. The addressee denied knowing the claimant and disclaimed the package. United States v. $22,474.00 in U.S. Currency, 246 F.3d 1212 1216-1217 (9th Cir. 2001) (inconsistent statements and discrepancies in stories support an inference that the money was drug-related). The totality of these allegations support a reasonable belief that the currency was connected to drugs. Mondragon, 313 F. 3d at 866 (the sum, unusual packaging in sealed plastic bags and drug dog alert on money found sufficient). The complaint is detailed enough that Moss could have commenced a meaningful investigation and drafted a responsive pleading. Finding that the complaint sufficiently states a claim under both Rule G and Rule E(a)(2), this order denies claimant’s motion to dismiss.
