United States v. Lavan

MEMORANDUM OPINION

KAPLAN, District Judge.

The- Court here is asked to determine whether the warrantless entry into and search of an apartment were justified, respectively, by exigent circumstances and voluntary consent of one of the occupants. ,It concludes on the basis of the hearing record that the warrantless entry violated the Fourth Amendment and that the subsequent consent was tainted by that entry. As the government has. demonstrated persuasively that the evidence inevitably would have been discovered absent the unlawful entry, however, the motion to suppress the articles seized in the…