The multi-unit character of the property being searched under a warrant wasn\u2019t immediately apparent to the officers, or so they said. The court doesn\u2019t credit that because they knew defendant was in \u201capartment 3\u201d on the third floor. Post-search follow-up made it apparent there were other apartments based on defendant\u2019s own DMV record and assessment records of the property. The search is suppressed for lack of particularity that was readily apparent to all. The prosecution does not get the benefit of the good faith exception here. United States v. Hargraves, 2022 U.S. Dist. LEXIS 30109 (W.D.Pa. Feb. 18, 2022).<\/p>\n\n\n\n
Officers were dispatched to arrest a man on a warrant sleeping in a car in a motel parking lot. Defendant was in the car too. Both were ordered out of the car, and defendant fell out of the car with a gun falling behind him. The seizure was valid, and the gun was admissible. United States v. Bosman<\/a>, 2022 U.S. App. LEXIS 4513 (10th Cir. Feb. 18, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":" The multi-unit character of the property being searched under a warrant wasn\u2019t immediately apparent to the officers, or so they said. The court doesn\u2019t credit that because they knew defendant was in \u201capartment 3\u201d on the third floor. Post-search follow-up … Continue reading