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FL2: Triggering event not required in anticipatory warrant if it occurs before search

By John Wesley Hall, Jr.

Trial court erred in suppressing a search under Grubbs and the good faith exception. While the warrant did not list the triggering condition, it was not executed until the triggering condition occurred. "[I]t is evident that delivery of the marijuana was the triggering condition." State v. Chen, 2009 Fla. App. LEXIS 1054 (Fla. App. 2DCA February 11, 2009). In a brief unpublished opinion, the Eighth Circuit finds no clear error in the trial court's holding a stop was valid, and, in any event, consent purged the taint. [I hope the parties get this, because I don't.] United States v. Nunez, 2009 U.S. App. LEXIS 2531 (8th Cir. February 10, 2009).* A single instance of crossing the fog line justifies a stop under Kansas law, and the record supports the conclusion that defendant consented to a search after the stop, despite his asserted language difficulties...continue to full post

Full post as published by Fourth Amendment on February 13, 2009 (boomark / email).