United States v. Hall, 7:19-CR-75-FL-1. (2020)
Court: District Court, E.D. North Carolina
Number: infdco20200226a74
Visitors: 24
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER ROBERT B. JONES, JR. , Magistrate Judge . This matter comes before the court on Defendant's motion to suppress. [DE-86]. The Government responded in opposition to Defendant's motion, and Defendant replied. [DE-94, -96]. The undersigned held an evidentiary hearing on December 19, 2019 to further develop the record. [DE-108]. The court invites both parties to submit additional briefing on the issue of whether exigent circumstances justified the warrantless search of Defendant's car. S
Summary: ORDER ROBERT B. JONES, JR. , Magistrate Judge . This matter comes before the court on Defendant's motion to suppress. [DE-86]. The Government responded in opposition to Defendant's motion, and Defendant replied. [DE-94, -96]. The undersigned held an evidentiary hearing on December 19, 2019 to further develop the record. [DE-108]. The court invites both parties to submit additional briefing on the issue of whether exigent circumstances justified the warrantless search of Defendant's car. Se..
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ORDER
ROBERT B. JONES, JR., Magistrate Judge.
This matter comes before the court on Defendant's motion to suppress. [DE-86]. The Government responded in opposition to Defendant's motion, and Defendant replied. [DE-94, -96]. The undersigned held an evidentiary hearing on December 19, 2019 to further develop the record. [DE-108].
The court invites both parties to submit additional briefing on the issue of whether exigent circumstances justified the warrantless search of Defendant's car. See Birchfield v. North Dakota, ___ U.S. ___, 136 S.Ct. 2160, 2173 (2016) (holding that the exigent circumstances exception "permits, for instance, the warrantless entry of private property when there is a need to provide urgent aid to those inside, when police are in hot pursuit of a fleeing suspect, and when police fear the imminent destruction of evidence."). In particular, the parties should consider the five factors articulated in United States v. Turner, 650 F.2d 526, 528 (4th Cir. 1981). Additionally, the parties may address the exceptions to the exclusionary rule, including the good faith exception established in United States v. Leon, 468 U.S. 897, 926 (1984). Supplemental briefs from both parties are due no later than March 6, 2020.
Source: Leagle
