Landlord could not consent to entry of trailer where he had served eviction notice on the tenants but they had not yet left. Breshears v. State, 2006 Ark. App. LEXIS 141 (February 15, 2006).<\/p>\n
Officers who received a 911 call from one tenant of roommate’s threatened suicide. He opened door 4″ to say he was fine, but the department’s SOP required them to see his whole body to determine that he was, in fact, fine. When the door was opened again, they forced themselves in, and the entry was valid. Inside, they found the dead body of another. Seibert v. State, 923 So. 2d 460 (Fla. February 16, 2006).<\/p>\n
FL 4th Dist. reaffirms that Kyllo<\/em> governs a dog sniff of a house and suppresses dog sniff, distinguishing cases where dogs sniff doors of hotel rooms. State v. Rabb, 920 So. 2d 1175 (Fla. App. 4th Dist. February 15, 2006), reaffirming State v. Rabb, 881 So. 2d 587 (Fla. App. 4th Dist. 2004), remanded Florida v. Rabb, 125 S. Ct. 2246, 161 L. Ed. 2d 1051 (U.S. May 16, 2005), in light of Illinois v. Caballes, 543 U.S. __, 125 S. Ct. 834, 160 L. Ed. 2d 842 (2005).<\/p>\n Telling a motorist to get out of the car and put his hands on the trunk was a seizure. There was no RS for the stop, either. Johnson v. State, 856 N.E.2d 706 (Ind. App. 2d Dist. December 30, 2005).<\/p>\n Issue in motion to suppress that was not ruled on by the trial court could not be asserted on appeal. State v. Knudson, 2006 Iowa App. LEXIS 135 (February 15, 2006).<\/p>\n State conceded error that defendant was subjected to an unlawful stop and asked for consent to search. State v. Esmino, 204 Ore. App. 425, 129 P.3d 787 (February 15, 2006).<\/p>\n Private search by computer repairman led to SW for computer which was lawfully obtained. Hopwood v. State, 2006 Tex. App. LEXIS 1275 (Tex. App. \u2013 Dallas February 16, 2006). <\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading