“Factual allegations set forth in the defendant’s [suppression] motion … must be ‘”sufficiently definite, specific, detailed, and nonconjectural, to enable the court to conclude that a substantial claim is presented.”‘ General or conclusionary assertions, founded upon mere suspicion or conjecture, will not suffice.” Motion denied without a hearing. United States v. Matthews, 2006 U.S. Dist. LEXIS 59177 (N.D. Miss. August 18, 2006), quoting United States v. Harrelson, 705 F.2d 733, 737 (5th Cir. 1983).<\/p>\n
During execution of a search warrant at her house, the defendant was permitted to remain or leave but, if she stayed, she was told she would not have free reign of the house. During the search she was asked for consent to search her purse, which she granted, and this was valid. Under Summers,<\/em> they could have detained her if they wanted anyway. United States v. Poarch, 2006 U.S. Dist. LEXIS 59349 (D. Ariz. August 7, 2006).<\/p>\n Officers made “reasonable inquiry under the circumstances” into whether premises to be searched was a single family dwelling, including a public records search that did not reveal there were three apartments inside. Once they realized it, they made a reasonable effort to limit the search to one specific apartment under Maryland v. Garrison.<\/em> United States v. Porter, 438 F. Supp. 2d 554 (E.D. Pa. July 13, 2006).<\/p>\n Randolph<\/em> reverses a conviction in Colorado. Defendant had been arrested for meth and police did a knock and talk a month later about a new lab. When the defendant refused consent, the police went to his wife to get it. People v. Miller, 143 P.3d 1195 (Colo. App. August 24, 2006).<\/p>\n Independent source doctrine justified not excluding evidence obtained by illegal search of defendant’s house during securities fraud investigation. Trial court found inevitable discovery, but its factual findings support independent source holding as well. People v. Pahl, 169 P.3d 169 (Colo. App. 2006).<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading