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Suppression Motion Properly Denied for Defendant Who Asked Cops to Search Home for Exculpatory Evidence

By Shari Allison

US v Pikyavit, No. 07-4113, 2008 WL 2265154 (Tenth Cir. June 4, 2008) (published): This defendant, in attempting to get out of one jam, got himself into a worse one. Mr. Pikyavit was arrested and jailed, along with four other men, after there was a fight outside his home. While he was in jail, his brother told him that there was evidence in the house that proved Mr. Pikyavit was not the aggressor in the fight. He asked two officers to go to his house to view this exculpatory evidence. He also said the house would be unlocked. The officers went over to the house, and had to slip the lock using a plastic card. While looking for the evidence Mr. Pikyavit claimed was there, they saw ammunition in plain view. They then went and got a search warrant, and a gun and more ammo were found...continue to full post

Full post as published by Tenth Circuit Blog on June 06, 2008 (boomark / email).