District Judge rejects R&R that officers lacked RS. On de novo review, the court finds that the police had independent information from the CI, and that made RS. United States v. Woods, 443 F. Supp. 2d 1374 (M.D. Ala. August 10, 2006).*<\/p>\n
Anonymous 911 call of an argument in apparently a neighboring house between a man and his 15 year old daughter resulted in a police entry. At the door, the father was profane and argumentative, and that justified the entry. MSJ granted. Schreiber v. Moe, 445 F. Supp. 2d 799 (W.D. Mich. August 10, 2006).*<\/p>\n
Without conceding that defendant’s arrest was illegal (something state trial courts had held, but the state supreme court had not), defendant was Mirandized and the totality showed that any taint was purged. United States v. Johnson, 445 F. Supp. 2d 1181 (D. Nev. August 9, 2006)* (internet traveler case).<\/p>\n
Court says that it is applying GFE first as suggested by Leon, but it actually analyzes PC to determine whether the affidavit is “bare bones” and concludes there is PC. United States v. Santos, 2006 U.S. Dist. LEXIS 55943 (N.D. Ga. June 21, 2006)* (remember, it is my sugesting in the treatise that the Supreme Court actually requires PC first, GFE next, notwithstanding dicta and confusing language in Leon<\/em>).<\/p>\n Defense counsel was not ineffective for not moving to suppress because, analyzing the merits of the search claim, he would have lost anyway. State v. Nitcher, 720 N.W.2d 547 (Iowa August 11, 2006).*<\/p>\n Knock-and-talk at apartment door was unreasonable because the officer did not knock at the outside door first. He found the door unlocked, and he just came in. On prior trips to the apartment building to investigate various things the outside door was often unlocked. Here, he knocked on the apartment door, and the occupant thought he was somebody expected, and the officer saw cocaine on the table. State v. Douglas, 2006 Iowa App. LEXIS 996 (August 9, 2006). <\/p>\n","protected":false},"excerpt":{"rendered":" b2evGMco.b2evALnk.b2WPAutP.b2evSmil Continue reading