Defendant\u2019s wife told the officers that she could not consent to entry into the barn on their farm because she told them she didn\u2019t have authority and she wasn\u2019t on the deed. The officers caucused, acknowledged the consent problem amongst themselves, and proceeded to break a window to get in the barn anyway. The warrantless entry was unreasonable. They could have taken her to a JP and gotten a warrant, but they consciously chose not to, aware of the problems. United States v. Leclerc, 2016 U.S. Dist. LEXIS 63629 (W.D.N.Y. Feb. 16, 2016),* adopted 2016 U.S. Dist. LEXIS 63562 (W.D.N.Y. May 13, 2016).*<\/p>\n
Driving erratically away from where shots were fired and turning without signaling was justification enough for defendant\u2019s stop. United States v. Venner, 2016 U.S. Dist. LEXIS 60696 (D.V.I. May 6, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s wife told the officers that she could not consent to entry into the barn on their farm because she told them she didn\u2019t have authority and she wasn\u2019t on the deed. The officers caucused, acknowledged the consent problem amongst … Continue reading