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Criminal Law

: Fourth Amendment

Entry into bedroom by officer in house by consent was justified under SI doctrine

By John Wesley Hall, Jr.

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Officer was in driver's house by consent. When the defendant was being arrested, the officer followed him into the bedroom when the defendant was getting dressed, and that was valid for officer safety under Chrisman. Hoover v. Director, Dept. of Transportation, 2008 ND 87, 2008 N.D. LEXIS 95 (May 15, 2008).* Turn signal violation is strict liability, and the fact that the officer may have mixed motives for the stop is irrelevant. State v. Greever, 2008 Kan. LEXIS 180 (May 16, 2008), revg State v. Greever, 150 P.3d 918 (Kan. App. February 2, 2007) posted here.* Fact that a forfeiture seizure was allegedly illegal was not established to show that a default judgment should be set aside. State v. $33,000.00 United States Currency, 2008 ND 96, 2008 N...continue to full post

Full post as published by Fourth Amendment on May 19, 2008 (boomark / email).

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