Home -> Law Blog Directory -> Criminal Law Blogs -> Defense Newsletter Blog

Criminal Law

: Defense Newsletter Blog

Delancy: Consensual search not fruit of poisonous tree

By Tim Cone

In U.S. v. Delancy, No. 06-13718 (Oct. 3, 2007), the Court held that the district court properly denied a motion to suppress evidence seized from the home of a defendant?s girlfriend?s home, because even assuming the initial "protective sweep" of the home was illegal, the subsequent search was consensual.Police entered the home of Delancy?s girlfriend, weapons drawn, because he was known as dangerous person. Once inside the home, the police conducted a protective sweep. The police then asked the girlfriend for her written consent to the search, which she gave. The search yielded drugs and weapons.The Court recognized that the legality of the protective sweep raised a "difficult question," because the police entered a home without a warrant, and without probable cause...continue to full post

Full post as published by Defense Newsletter Blog on October 04, 2007 (boomark / email).