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Search of Home without warrant illegal

Posted by John Rutkowski | Oct 17, 2018 | 0 Comments

Criminal law -- Search and seizure -- Residence -- Exigent circumstances -- Deputies who were dispatched to investigate anonymous 911 call lacked objectively reasonable belief that exigent circumstances existed which justified immediate entry into residence without warrant -- Hunch that there may have been a “possible domestic dispute of some sort” was not sufficient -- Although woman who responded to knock on door had minor injuries on foot and leg, she gave plausible explanation for the injuries which deputies were able to corroborate, and there was no evidence that could lead officers to reasonably conclude that someone in residence was in distress -- Trial court erred in denying motion to suppress physical evidence derived from initial unlawful entry.

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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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