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PA: Arrest warrant for another at address justified entry under Steagald

By John Wesley Hall, Jr.

Officers had an arrest warrant for a man at the defendant’s location, and he let them in, even though he claimed not to live there. The warrant was valid under Steagald, and this case was similar to Conception. defendant’s constructive possession was shown. Commonwealth v. Muniz, 2010 PA Super 160, 2010 Pa. Super. LEXIS 2630 (September 3, 2010).* Maryland applies Gant good faith to a search that was valid at the time it happened but not now. The stop was based on a DMV return showing that the vehicle was not properly registered, and it was not up to the state to prove that the underlying record was correct [all in the context of whether the exclusionary rule should apply]. McCain v. State, 2010 Md. App. LEXIS 125 (September 3, 2010)...continue to full post

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