Criminal Law
: Fourth AmendmentIA: Steagald did not bind state on raising standing on appeal where state made no assertions concerning its position on standing in trial court
By John Wesley Hall, Jr. (all)
Defendant's movements of his body and hands strongly suggested that he had a gun in his waistband, and that justified a patdown. United States v. Green, 2009 U.S. Dist. LEXIS 6860 (M.D. Pa. January 30, 2009).* The court does not have to decide whether there was a knock-and-announce violation, because it does not matter since the exclusionary rule would not apply. Reasonableness of the search, however, was still to be determined. United States v. Gladney, 2009 U.S. Dist. LEXIS 7032 (C.D. Cal. January 23, 2009): It was reasonable for the officers to breach the door with their guns drawn, given that Defendant failed to answer the door. There is no testimony in the record that the agents ransacked the apartment, or left it inhabitable. Defendant was left outside until the protective sweep was complete, and then he was permitted to reenter his apartment...continue to full post
Full post as published by Fourth Amendment on February 04, 2009 (boomark / email).
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