{"id":8040,"date":"2013-06-20T15:28:28","date_gmt":"2012-12-02T11:46:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-02T11:46:02","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8040","title":{"rendered":"CA9: Govt failed to prove exigency for warrantless entry"},"content":{"rendered":"<p>The box delivered to defendant had a beeper inside that was supposed to emit a continuous tone when it was opened. It malfunctioned and continued to emit a continuous tone before it left police custody. There were no exigent circumstances justifying a warrantless entry into defendant\u2019s dwelling to secure the package because the police had no information of imminent destruction of evidence. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2012\/11\/30\/12-30026.pdf\">United States v. Lawson<\/a>, 499 Fed. Appx. 711 (9th Cir. 2012).*<\/p>\n<p>Defense counsel was not ineffective for not moving to suppress a photograph in a camera that was already lawfully subject to search under a warrant. In it was a picture of defendant wearing the same shirt described by the witnesses to this shooting. <a href=\"http:\/\/publicdocs.courts.mi.gov:81\/OPINIONS\/FINAL\/COA\/20121004_C297115_70_297115.OPN.PDF\">People v. Marshall<\/a>, 298 Mich. App. 607, 830 N.W.2d 414 (2012).<\/p>\n<p>Defendant was allowed free access to a storage room in the house searched, but he had no key to it. Consequently he had no reasonable expectation of privacy and, thus, no standing. United States v. Gardner, 2012 U.S. Dist. LEXIS 170258 (E.D. N.C. November 30, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8040\">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-8040","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8040","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=8040"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8040\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8040"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}