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Search Warrant For One Apartment Leads To Arrest For Drugs In Different Apartment

Posted by Daniel Herbert DUI/Criminal Defense
Search Warrant For One Apartment Leads To Arrest For Drugs In Different Apartment

You had best keep your dog on a leash if you plan to store drugs and guns in your apartment. While executing a search warrant, police made entry to an adjacent apartment which was not identified in the warrant. Police recovered narcotics and firearms which were found in plain view in defendant’s kitchen. Police entered the apartment to conduct a protective sweep of the building after police were forced to shoot a pit bull who charged the officers. While defendant argued that instant seizure should have been suppressed because police made initial entry into his apartment without warrant or lawful reason to enter, the 7th Circuit Court of Appeals held that initial entry into defendant’s apartment was proper, where officers could reasonably conclude that they might face danger while enforcing first search warrant.  United States v. Starnes, No. 13-1148 

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