Knock-and-talk at a motel room, where the officer was following up a tip from an unknown man that “crackheads” were staying in a particular room at the motel, brought a woman to the door. The officer asked about the man laying there, who was apparently asleep. The officer entered uninvited to wake the man up, and this was an illegal entry. Reed v. State, 944 So. 2d 1054 (Fla. App. 4th Dist. August 16, 2006).<\/p>\n
Grandfather with whom defendant lived could not consent to search of a backpack in defendant’s room because the government failed to show that the grandfather had actual or apparent authority to consent to searching it. It had the burden of proof on that issue. Glenn v. Commonwealth, 48 Va. App. 556, 633 S.E.2d 205 (August 15, 2006).<\/p>\n
IAC claim denied where it alleged that defense counsel was ineffective for not pursuing a search issue and first post-conviction counsel failed to raise it too. It was raised in a successor petition, so the issue was defaulted. State v. Gray, 2006 Wisc. App. LEXIS 745 (August 15, 2006) (per curiam).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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