The defendant and a guy named Bain didn\u2019t like each other. Bain hunted on defendant\u2019s property with permission and stumbled upon a few marijuana plants which he reported to the police. Other than defendant\u2019s conclusory statement Bain was an agent of the police, not an iota of evidence even suggests that. It was open fields and a private search. The police installed a camera to record who came and went from the grow operation, and it apparently recorded defendant. Installation of the camera in the woods, clearly open fields where others had license to hunt was not a violation of any reasonable expectation of privacy. United States v. Apicelli, 2015 U.S. Dist. LEXIS 58086 (D.N.H. May 4, 2015).<\/p>\n
Consent to enter shown from defendant\u2019s actions. \u201cOfficer Kennedy knocked on the motel room door. When Circle Bear opened it, the officer identified himself and asked if he could enter. Circle Bear then pulled the door further toward him and waved the officer in. At no time did Circle Bear say or do anything to indicate he did not want the officer in the room.\u201d United States v. Circle Bear, 2015 U.S. Dist. LEXIS 57795 (D.S.D. March 9, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The defendant and a guy named Bain didn\u2019t like each other. Bain hunted on defendant\u2019s property with permission and stumbled upon a few marijuana plants which he reported to the police. Other than defendant\u2019s conclusory statement Bain was an agent … Continue reading