{"id":50037,"date":"2021-10-26T06:38:49","date_gmt":"2021-10-26T11:38:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50037"},"modified":"2021-10-26T07:01:48","modified_gmt":"2021-10-26T12:01:48","slug":"ma-pc-and-risk-of-destruction-of-evidence-permitted-warrantless-entry-into-co-conspirators-apartment-after-warning-of-raid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50037","title":{"rendered":"MA: PC and risk of destruction of evidence permitted warrantless entry into co-conspirator&#8217;s apartment after warning of raid created exigency"},"content":{"rendered":"\n<p>When police were executing a search warrant for evidence of identity theft and fraud, one of the co-conspirators called another in another apartment in the same building to say the police were on to them. That sufficiently raised fears of destruction of evidence justifying a warrantless entry into the other apartment. There was probable cause for that entry. <a href=\"https:\/\/www.mass.gov\/files\/documents\/2021\/10\/25\/s20P0716.pdf\">Commonwealth v. Soto-Suazo<\/a>, 2021 Mass. App. LEXIS 122 (Oct. 25, 2021).<\/p>\n\n\n\n<p>Police had a search warrant for defendant\u2019s car for his cell phone. There was no stop: They followed him to a Walmart parking lot, walked up to his car, and saw the phone in the car. That justified the search of the car. Moreover, the automobile exception also applies. <a href=\"https:\/\/www.courts.michigan.gov\/c\/courts\/coa\/case\/352921\/\">People v. Malette<\/a>, 2021 Mich. App. LEXIS 5997 (Oct. 21, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s search claim was litigated on the merits and appealed. It can\u2019t be relitigated in a 2255. Sigouin v. United States, 2021 U.S. Dist. LEXIS 204285 (S.D.Fla. Oct. 21, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When police were executing a search warrant for evidence of identity theft and fraud, one of the co-conspirators called another in another apartment in the same building to say the police were on to them. That sufficiently raised fears of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50037\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,3,16],"tags":[],"class_list":["post-50037","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-emergency-exigency","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50037","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50037"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50037\/revisions"}],"predecessor-version":[{"id":50041,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50037\/revisions\/50041"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}