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NC: Photographing stolen property in defendant's house not a search under Hicks

By John Wesley Hall, Jr.

Photographing a stolen stove in defendant’s place was not an unlawful search under Arizona v. Hicks. State v. Haymond, 2010 N.C. App. LEXIS 567 (April 6, 2010).* Defendant’s testimony at the suppression hearing over his knock-and-talk was “he said-he said,” and it was not credible because of inconsistencies at the hearing. He did not say consent was coerced, he said he never consented, and the court found he did. United States v. Zambrano, 2010 U.S. Dist. LEXIS 33668 (W.D. Mo. March 11, 2010).* Trash pulls at defendant’s property involved abandoned property, and the court disagrees that the Eighth Circuit’s trash search law was wrongly decided. United States v. Earl, 2010 U.S. Dist. LEXIS 33769 (D. Minn...continue to full post

Full post as published by Fourth Amendment on April 08, 2010 (boomark / email).