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Criminal law — Search and seizure — Defendant who was occupant of residence in which narcotics were observed in plain view during execution of arrest warrant

Aug 17th, 2021 in by admin

Criminal law — Search and seizure — Defendant who was occupant of residence in which narcotics were observed in plain view during execution of arrest warrant for resident was lawfully detained while officers searched premises — Absent evidence of duration of search other than testimony that search took longer than one hour, duration of detention was not shown to be unlawful — Handcuffing of defendant does not render detention unlawful — Vehicle — Consent — Defendant’s consent to search his vehicle, which was parked next door, was voluntary where consent was given after defendant was released from detention, defendant was asked only once for permission to search vehicle and was not threatened in any way, defendant had not been deprived of his vehicle keys or identification, and there was no evidence that defendant’s vehicle was blocked in — Motion to suppress narcotics found in vehicle console is denied