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Showing posts from May, 2014

Denial of Suppression Motion Reversed Because Search of Home Incident to Arrest Required “Articulable Basis”

InUnited States v. White, No. 13-2130 (3d. Cir. April 14, 2014), the Third Circuit vacated an order denying a motion to suppress and remanded for further proceedings in order to determine the applicability of alternative exceptions to the warrant requirement that require an “articulable basis”.

White pled guilty to a felon in possession of a weapon charge, expressly reserving his right to appeal the denial of his suppression motion.White was sentenced to 96 months imprisonment and filed his appeal solely challenging the denial of his suppression motion.
In April of 2012, two state police troopers responded to a domestic disturbance at White’s residence.The troopers ordered White out of his residence, instructed him to lay face down and arrested him approximately 20 feet from his residence.The residence was searched and two firearms were found and seized.A search warrant, based in part on the two firearms seized, was executed on the residence weeks later and an additional 91 firearms wer…