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D.Guam: Freezing scene for 33 hours to get SW unreasonable

By John Wesley Hall, Jr.

The police kept defendants from their house and home office while they procured a search warrant, 33 hours later. The officer getting the search warrant was not told to hurry it up. On defendant was an insulin-dependent diabetic, and officers would not permit him access to get it. The search and detention of the wife for the duration was unreasonable. United States v. Song Ja Cha, 2009 U.S. Dist. LEXIS 129278 (D. Guam February 19, 2009): Applying the third factor to Mrs. Cha, the court notes that she was detained throughout the entire 33-hour period. Her possessory interest in her home can be said to be minimal. The same however, cannot be said regarding her possessory interest in the business establishment. While she may have been detained and arrested, she could have authorized the re-opening of the business and could have requested her husband to do so...continue to full post

Full post as published by Fourth Amendment on July 30, 2010 (boomark / email).