I laughed out loud at this:
[The defendant] challenges a number of the district court’s factual findings and argues the findings do not establish that officers lawfully conducted a protective sweep of the garage during which they observed an open duffel bag containing marijuana.
The district court found the following: during a drug investigation at a St. Louis residence, Officer Lankford and his partner observed Jones and another individual leave the residence and enter the garage. The officers followed the men, who fled the garage. After the officers arrested the men for possession of narcotics, the officers entered the garage and observed a tarpaulin covering a large object. Concerned that a person could be under the tarpaulin, Officer Lankford pulled back the tarpaulin, which revealed a large open duffel bag containing several freezer bags of marijuana. We conclude that Officer Lankford’s testimony supports these findings, therefore, the record reveals no plain error in the districtcourt’s findings.
United States v. Jones (here). That must have been an awfully large duffel bag.
Believing police who say such silly things does nothing to promote police integrity or public justice. Your honor, they did not really believe that there was a person hiding under the tarp. Start suppressing evidence based on police lies. Then police will start telling the truth and following the law.
The police would have found the drugs, anyway. They had probable cause for a search warrant. Had they simply applied for the warrant, they would have received one.
Why fill out paperwork, though, when you have an cadre of judges who'll believe anything you tell them?
