06-13-2015, 01:17 PM
(06-13-2015, 12:37 AM)BlueTiki Wrote: With Maytee's history of lying, I'm not too worried about the hearing.
It's a common defense strategy, especially when your clients are scumbags and you've got nothing, to challenge actions by the police. Throw everything at the wall and pray something sticks.
Exigent circumstances would allow entry without a warrant. I'm thinking the officers heard Big Pussy's fearful whimpering and thought someone might be injured or being abused.
I hope you're right Tiki.
I'm not terribly worried either, but evidence does sometimes get tossed when judges rule the search was conducted without consent and without a warrant. It's irrelevant whether the area searched is occupied by a liar or the pillar of society.
In the motion to suppress, Maytee claims violation of fourth amendment rights. The motion specifies that she denied police entry and therefor her statements made to police, along with tangible evidence, should be suppressed.
But, as you noted, if police can establish that they had sufficient probable cause to suspect that John was the shooter and a danger to others, that he was in the residence, and that he would attempt to escape or destroy evidence, the judge could rule that the warrant-less search was legally conducted in accordance with the exigent circumstances exemption of the fourth amendment.
The motion hearing should be interesting.
It's my assumption that TW positively identified John as the shooter.