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Freezing premises pending arrival of search warrant was valid

By John Wesley Hall, Jr.

Freezing the premises and a protective sweep pending arrival of a search warrant were valid. Officers found a staircase hidden in a closet, and they went up the stairs and found an open window and things that suggested a gun might have been tossed out the window. Evidence was found outside, and a clip was found in the gutter when the search warrant was executed. United States v. Nguyen, 2008 U.S. Dist. LEXIS 8759 (D. Mass. February 7, 2008).* N.D. Iowa spends a few paragraphs on probable cause for the place to be searched, and finds that it exists. Turning then to whether the good faith exception applies, the court extensively discusses that and concluded that it would apply, too. United States v. Cote, 2008 U.S. Dist. LEXIS 8860 (N.D. Iowa February 6, 2008)...continue to full post

Full post as published by Fourth Amendment on February 09, 2008 (boomark / email).