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Criminal Law

: Fourth Amendment

D.Ariz.: Knock-and-talk led to immediate flight and hot pursuit

By John Wesley Hall, Jr.

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Officers came to defendant's house for a knock-and-talk, and they saw people fleeing and smelled marijuana. This was exigent circumstances for a "hot pursuit" entry. United States v. Valenzuela-Espinoza, 2009 U.S. Dist. LEXIS 77404 (D. Ariz. August 27, 2009).* Defense counsel was not ineffective for not asking more questions on cross-examination. He vigorously challenged the third-party's consent on essentially the same grounds alleged now, but his failure to go further in cross was a matter of strategy. United States v. Snype, 2009 U.S. Dist. LEXIS 77416 (S.D. N.Y. August 21, 2009).* Defendant was stopped based on classic Terry factors of suspicious activity around banks. When he was frisked, stuff was found that reasonably led the officers to believe that there would be additional evidence in the vehicle, which there was...continue to full post

Full post as published by Fourth Amendment on September 02, 2009 (boomark / email).

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