A search warrant was issued for the remains of Jane Doe #1 under the concrete basement floor of a Brooklyn house. The affidavit was 24 pages long and clearly showed probable cause. However, entry into a file cabinet and seizure of a pair of women\u2019s panties off from the floor was outside the warrant. The officers testified they were looking for human remains in the file cabinet, too. United States v. Yakovlev, 2011 U.S. Dist. LEXIS 6537 (E.D. N.Y. January 21, 2011).*<\/p>\n
\u201cThe CI here was new; thus, his past reliability was something that Agent Belcher could not assess. However, Agent Belcher took several precautions to insure that the CI was not simply sacrificing an innocent person to satisfy his obligations to the DTF.\u201d The court then details what the officer did to corroborate the CI. United States v. Chitwood, 2010 U.S. Dist. LEXIS 140299 (N.D. Ga. December 22, 2010).*<\/p>\n
The protective sweep<\/a> of defendant\u2019s house was justified under the circumstances. United States v. Rodriguez, 2010 U.S. Dist. LEXIS 140267 (D. Nev. October 22, 2010)*:<\/p>\n Here, HPD officers had specific and articulable facts supporting the belief that other persons posing a potential danger to them may be in the home. Both Rodriguez and McKenna made conflicting statements about whether anyone else was in the home, and McKenna’s demeanor changed when she was questioned on the matter. Rodriguez initially stated to both Officer VanBeveren and Officer Sage that his twin brother had shot the BB\/pellet gun before he confessed he did it. He also stated that his best friend might be in the house. McKenna initially denied knowing whether anyone else was in the house then stated that her boyfriend might be in the home. When VanBeveren asked whether anyone else was in the home, McKenna hesitated and looked over her shoulder to the stairway. Officers speaking to McKenna heard a “rustling noise” in the house which McKenna said were her dogs. McKenna said her son often had sleepovers, and she did not know if any of his friends were there. Sage testified McKenna’s demeanor changed, and she became visibly nervous, sweating on her upper lip, when asked whether anyone else was in the house. Only after she was removed from the home did she claim no one else was in the home.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading