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SEARCH & SEIZURE PRECAUTIONARY SWEEP OF AREA

Posted by John 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 Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-three years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Driving Under the Influence. Contact us today to schedule an initial consultation.

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