Suppression Motion Properly Denied for Defendant Who Asked Cops to Search Home for Exculpatory Evidence
By Shari Allison
US v Pikyavit, No. 07-4113, 2008 WL 2265154 (Tenth Cir. June 4, 2008) (published): This defendant, in attempting to get out of one jam, got himself into a worse one. Mr. Pikyavit was arrested and jailed, along with four other men, after there was a fight outside his home. While he was in jail, his brother told him that there was evidence in the house that proved Mr. Pikyavit was not the aggressor in the fight. He asked two officers to go to his house to view this exculpatory evidence. He also said the house would be unlocked. The officers went over to the house, and had to slip the lock using a plastic card. While looking for the evidence Mr. Pikyavit claimed was there, they saw ammunition in plain view. They then went and got a search warrant, and a gun and more ammo were found...continue to full post
Jeff Fisher gets another cert grant: Herring v. U.S. SCOTUS has granted cert in Herring v. United States, No. 07-513, decision below 492 F.3d 1212 (11th Cir. 2007), posted here July 18. The issue, as stated by Willamette Law School: Whether the exclusionary rule requires the suppression of evidence obtained as a result of a search that was conducted on a good faith mistake that the defendant had an outstanding warrant for his arrest...