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SEARCH & SEIZURE PRECAUTIONARY SWEEP OF AREA

Posted by John P. Rutkowski | May 17, 2018 | 0 Comments

The bedroom which was directly adjacent to bathroom where defendant was apprehended and was between four and ten feet from area of arrest was “immediately adjoining” place of arrest, and officers did not need articulable suspicion to conduct precautionary sweep of bedroom. The trial court did not err in denying motion to suppress narcotics observed on table in bedroom and there was no abuse of discretion in denying motion for mistrial based on investigator's testimony that defendant used methamphetamine, an uncharged offense because the comment did not vitiate entire trial.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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