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Criminal Law

: Fourth Amendment

W.D.Ky.: Govt didn't raise GFE, so it was not applied

By John Wesley Hall, Jr.

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Informant was merely stated to be “reliable” without stating why. There was no effort to corroborate the informant’s story. The good faith exception was not argued by the government so the court will not consider it on its own. Suppression granted. United States v. Shaw, 2009 U.S. Dist. LEXIS 124693 (W.D. Ky. December 15, 2009). Drugs moving out of a mobile home was exigency to enter to prevent more from leaving until a search warrant could be obtained. United States v. Angeles-Guzman, 2010 U.S. Dist. LEXIS 10565 (E.D. N.C. January 23, 2010)*: . . . Here, the officers lawfully entered the Angeles-Guzman's home and had probable cause to conduct a search of the home. At the time of entry, the officers initially secured the home pursuant to a valid exigency in anticipation of obtaining a search warrant...continue to full post

Full post as published by Fourth Amendment on February 11, 2010 (boomark / email).

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