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E.D. Mich.: Officer's statement in SW affidavit that they could see in the apartment from hallway was false, so no PC

By John Wesley Hall, Jr.

Defendant's version of events that included highly improbable things led to the District Court not believing the defense version of the stop. United States v. Yancy, 2009 U.S. Dist. LEXIS 13021 (E.D. Ark. February 13, 2009).* Defendant's cell phones were seized under a search warrant, and the delay in searching them was reasonable. "'Suppression of evidence ... has always been our last resort, not our first impulse.' Hudson v. Michigan, 547 U.S. 586, 591 (2006)." United States v. Thompson, 2009 U.S. Dist. LEXIS 13153 (S.D. Fla. February 6, 2009).* Court finds that officers could not have seen into the apartment from the hallway as they alleged, so their claim in the search warrant affidavit was false and it issued without probable cause...continue to full post

Full post as published by Fourth Amendment on February 23, 2009 (boomark / email).