"It is true that the
facts are lacking two points commonly associated with traffic stops: a
vehicle en route on a public road and evidence of pursuit by the
officer, namely lights and/or sirens," Judge Foote ruled. "Nonetheless,
the court finds little differentiating this factual scenario from that
of a traffic stop, when we consider the totality of circumstances
leading up to the scene at Beene's residence."
last month rejected Beene's motion to suppress the evidence, arguing the
driveway is not a space protected by the Fourth Amendment.
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