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CA7: Entry with PC to maintain status quo was a ?straight-forward application of Segura?

By John Wesley Hall, Jr.

In a “straight-forward application of Segura,” the police could enter the defendant’s apartment with probable cause to freeze the situation to preserve evidence and then get a search warrant. United States v. Etchin, 2010 U.S. App. LEXIS 16118 (7th Cir. August 4, 2010): The fact that police behaved illegally does not mean that the remedy of excluding evidence is necessarily appropriate. Herring v. United States, 129 S. Ct. 695, 172 L. Ed. 2d 496 (2009). In this case, a straight-forward application of Segura leads us to two conclusions: first, Detective Reitzler's four-hour occupation of Etchin's apartment did not add anything to the violation of the Fourth Amendment that had already occurred with the entry; and second, the drugs later found were admissible...continue to full post

Full post as published by Fourth Amendment on August 07, 2010 (boomark / email).