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S.D.Ind.: Entry on a writ to evict led to valid plain view

By John Wesley Hall, Jr.

A constable who entered defendant’s house under a writ issued by a local court to remove him and evict him from the premises was lawfully present when he saw an SKS and marijuana. A protective sweep of the premises was within the initial authority to enter. United States v. Curlin, 2010 U.S. Dist. LEXIS 12248 (S.D. Ind. February 10, 2010). A dog on the loose call [for which the court could not resist the temptation of saying “Who let the dogs out?”] justified a stop of defendant’s vehicle. State v. Pals, 2010 Iowa App. LEXIS 75 (February 10, 2010): This outcome corresponds with common sense. The dogs had been creating a disturbance in town. As far as Wubben could tell, one of them had not yet been caught and was still running free in violation of the ordinance...continue to full post

Full post as published by Fourth Amendment on February 14, 2010 (boomark / email).