Have a suppression motion, I'd like to hear some opinions, and if anyone has any good cases on point, a citation if you please:
Officer goes to house, ostensibly to "advise" the owner of a vehicle that her car was found with drug paraphernalia after a traffic stop of the driver. Cop had watched car leaving this particular house, owner is known drug user. Officer knocks on door, male answers, officer asks for female owner of car and house, male shuts door in officer's face and does not respond further. Now the good part: Officer OPENS THE DOOR, calls out to female owner, who is in the bathroom, and who says, "come in." Officer then conducts "safety sweep" and observes contraband in plain view in a bedroom. Then goes back and asks owner for consent to search, which she gives. Does her consent make the subsequent arrest for the contraband good?
Thanks David, my facts aren't looking too encouraging, based on the "Brick" factors as laid out in Bagby. About the only thing going our way is there was no actual arrest, but the rest of the factors the CCA laid out in Brick v State militate against the validity of the search. I may have to lay down on this one.
