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E.D.Mo.: Strong smell of ether justified entry onto the curtilage

By John Wesley Hall, Jr.

Officer’s entry on to the curtilage was justified by the smell of ether (exigent circumstances) and defendant’s prior involvement with manufacturing meth. United States v. Weiler, 2010 U.S. Dist. LEXIS 55793 (E.D. Mo. May 20, 2010).* Defendant’s § 2255 claim that defense counsel was ineffective for not specifically challenging certain parts of the USMJ’s findings on his search claim did not prejudice him when the court made findings on those issues anyway. United States v. Goodlett, 2010 U.S. Dist. LEXIS 56009 (N.D. Okla. June 4, 2010).* The court finds more credible the government’s version that the defendant and his father consented to a search of their property for stolen property linked to defendant. United States v...continue to full post

Full post as published by Fourth Amendment on June 10, 2010 (boomark / email).