Officers first knocked at door saying they were with Publishers\u2019 Clearinghouse, but defendant didn\u2019t come to door. Then they said in Spanish \u201copen the door or we are going to knock it down.\u201d It was on body camera. On the totality, defendant consented to the entry after opening the door. The fact she didn\u2019t know their identity until after opening the door wasn\u2019t determinative because, when she consented, she did know. United States v. Azua-Rinconada, 2016 U.S. Dist. LEXIS 184702 (E.D. N.C. Oct. 27, 2016),* adopted, 2017 U.S. Dist. LEXIS 29321 (E.D. N.C. March 2, 2017).*<\/p>\n
Defendant was leaving his house when police arrived with a search warrant. They detained him. He wouldn\u2019t keep his hands away from his pockets according to one officer, and he hadn\u2019t been patted down. A frisk for officer safety was then justified. Sweets v. State<\/a>, 2017 WY 22, 2017 Wyo. LEXIS 22 (March 1, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":" Officers first knocked at door saying they were with Publishers\u2019 Clearinghouse, but defendant didn\u2019t come to door. Then they said in Spanish \u201copen the door or we are going to knock it down.\u201d It was on body camera. On the … Continue reading