Defendant was seen driving, and the officer knew her license was suspended. She was seem going into a convenience store. She didn’t come right out, so the officer went in, and she was in the bathroom. He knocked, but she stalled. The officer got the key and entered the bathroom and searched her coat finding drug paraphernalia. The entry was valid because it was a commercial establishment. Also, the store clerk consented[! Apparently no reasonable expectation of privacy in a public restroom with a locked door]. State v. Dycus, 2013 Ida. App. LEXIS 22 (February 25, 2013).*
Plaintiff’s illegal entry and excessive force claim fails. Police were called to a domestic violence situation, and his wife gave police the key to go in. He had a chain on the door which they broke to get in. He was inside with a kitchen knife to his neck saying he wasn’t going back to jail, so they Tasered him. Brown v. Calicchio, 2013 U.S. App. LEXIS 3842 (11th Cir. February 25, 2013).*
On the totality, “Can you call my attorney?,” was an unambiguous invocation of his right to counsel where defendant was handcuffed to a hospital gurney and wanted to think about whether to talk to the police after being Mirandized. United States v. Hunter, 2013 U.S. App. LEXIS 4128 (7th Cir. February 28, 2013).*
↧
