{"id":10094,"date":"2014-03-01T08:16:54","date_gmt":"2013-12-29T01:42:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-27T07:43:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10094","title":{"rendered":"Two grow operations and citizen informants"},"content":{"rendered":"<p>Bailbondsmen were in defendant\u2019s house to pick him up when they discovered a grow operation, and they called the police. The defendant consented to a search. There was probable cause for issuance of a warrant and the investigation was inevitably going to lead to a search warrant if he didn\u2019t consent. The consent was valid by inevitable discovery. <a href=\"http:\/\/www.3dca.flcourts.org\/Opinions\/3D12-2097.pdf\">Rodriguez v. State<\/a>, 129 So. 3d 1135 (Fla. 3d DCA 2013).\t<\/p>\n<p>A propane truck driver making a delivery saw a grow operation with bright lights and all, and he reported it to the police [a citizen informer]. The affidavit for the search warrant based on his representation was issued with probable cause. Even if it wasn\u2019t [there was], the good faith exception would save it because it wasn\u2019t so lacking in probable cause it couldn\u2019t be relied upon. S<a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2013\/2013-ohio-5753.pdf\">tate v. Elliott<\/a>, 2013-Ohio-5753, 2013 Ohio App. LEXIS 6029 (5th Dist. December 23, 2013).* [This could have been a lot simpler: Look, the truck driver is a citizen informant, and his report is not subject to close scrutiny. He said he saw a grow, and the police took that to get a search warrant. How is that not PC?] <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10094\">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-10094","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10094","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=10094"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10094\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10094"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10094"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10094"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}