{"id":541,"date":"2006-11-04T07:15:01","date_gmt":"2006-11-04T07:15:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2006-11-04T07:15:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=541","title":{"rendered":"Officers had exigent circumstances but waited for PC to develop before acting"},"content":{"rendered":"<p>ICE officers had reason to believe that aliens were in a house in Puerto Rico, but they were waiting for confirmation, and they kept the house under surveilllance.  When a car leaving it was stopped, officers got confirmation of the illegals inside. That gave PC, but the officers were also told that the illegals would move shortly, so they could not leave to get a warrant. The move did not occur at the time described by the persons stopped, so the officers waited a little longer, then approached the house for a knock and talk, and everybody bailed from the house. District court goes so far as to find exigent circumstances for an entry.  United States v. Perez-Quirzola, 2006 U.S. Dist. LEXIS 80032 (D. P.R. October 5, 2006).<\/p>\n<p>&#8220;Defendant&#8217;s consent for the law enforcement agents to search his home was obtained in writing at his office prior to any interrogation. The audio recording of his interrogation further confirms that the search was made with the voluntary consent of the Defendant. In the absence of any factual allegations of coercive conduct, the Court finds that Defendant&#8217;s consent was given voluntarily and his motion to suppress the fruits of the search is denied.&#8221; United States v. Conteh, 2006 U.S. Dist. LEXIS 80063 (S.D. N.Y. November 1, 2006).*<\/p>\n<p>&#8220;The distinct odor of burnt marijuana, by itself, coming from the window of a stopped vehicle will provide probable cause to search a vehicle. <em>United States v. Nielsen,<\/em> 9 F.3d 1487, 1491 (10th Cir. 1993). The detection of the odor of marijuana justifies a search of the entire passenger compartment, including locked compartments where contraband is likely to be concealed. <em>Id. <\/em>at 1489.&#8221;  United States v. Baylor, 2006 U.S. Dist. LEXIS 80042 (D. Kan. October 31, 2006).<\/p>\n<p>Crime victim was not an informant. The information from the victim was also corroborated and not stale, albeit three weeks lapsed between the information about a gun and drugs and the issuance of the warrant.  United States v. Johnson, 2006 U.S. Dist. LEXIS 79988 (D. Ore. October 26, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evGMco.b2evALnk.b2WPAutP.b2evSmil <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=541\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-541","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/541","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=541"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/541\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=541"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=541"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=541"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}