{"id":10081,"date":"2014-01-26T15:52:21","date_gmt":"2013-12-29T01:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-25T14:22:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10081","title":{"rendered":"CA6: Commercial building under demolition was &#8220;open field&#8221; because unfenced and unattended"},"content":{"rendered":"<p>Defendants were convicted of violations of the Clean Air Act for not properly having asbestos removal done on a building they were having demolished. They sought a permit for the work, but the company that was low bidder apparently wasn\u2019t shown all that they had to do. When they finished their work, they left. The site remained unattended for at least a month when state pollution control inspectors showed up. The building was unlocked, without security to keep people out. They entered and took samples of asbestos. This commercial building being torn down was an \u201copen field\u201d without a reasonable expectation of privacy. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/13a0354p-06.pdf\">United States v. Mathis<\/a>, 738 F.3d 719 (6th Cir. 2013).<\/p>\n<p>A regular library patron told the police that a juvenile with a group had a gun and was entering the library. The patron was treated as a citizen informer although a name wasn\u2019t given, because he could be found again at the library. The tip was enough for a frisk. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/10\/2013\/2013-ohio-5712.pdf\">In re B.A.R.<\/a>, 2013-Ohio-5712, 2013 Ohio App. LEXIS 5993 (10th Dist. December 24, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10081\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-10081","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10081","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10081"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10081\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10081"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10081"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10081"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}