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ID: Blocking door with foot was crossing the threshold for Fourth Amendment purposes

By John Wesley Hall, Jr.

Defense counsel were not ineffective for not filing a motion to suppress defendant's search by a security guard who was not a state actor. [Defendant was operating under advice from a jailhouse lawyer that the issue was viable.] State v. Butler, 2009 Wisc. App. LEXIS 220 (March 24, 2009).* Officers were justified in an exigent entry because an apparent burglar was lurking at the window before the officer got to the door, and the people inside were unusually guarded [like there was somebody inside holding them hostage]. State v. Araiza, 2009 Ida. App. LEXIS 20 (March 20, 2009).* Officer came to a motel room called by management because of marijuana smoking. He did a knock-and-talk and marijuana smoke came out the door. His using his foot to block the door from shutting was a search by crossing the threshold...continue to full post

Full post as published by Fourth Amendment on April 02, 2009 (boomark / email).