{"id":10119,"date":"2014-01-26T15:50:14","date_gmt":"2014-01-02T05:00:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-31T16:53:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10119","title":{"rendered":"CA8: Defendant&#8217;s computer was subjected to a private search by his roommate"},"content":{"rendered":"<p>Defendant had child pornography on his computer, and a teenage boy who saw it had the computer and showed his mother, with whom defendant had been staying. She took it to the police. That was purely a private search, and the police could seize the computer to get a search warrant for it. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/13\/12\/123972P.pdf\">United States v. Goodale<\/a>, 738 F.3d 917 (8th Cir. 2013).<\/p>\n<p>Defendant\u2019s consent to search his car was voluntary. United States v. Berkley, 2013 U.S. Dist. LEXIS 181022 (N.D. Ga. December 30, 2013).*<\/p>\n<p>Defendant\u2019s traffic stop was with probable cause, and drugs were in plain view. His argument that the car couldn\u2019t be seized out of his own driveway was not raised below and is waived [and probably would lose anyway]. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/7\/2013\/2013-ohio-5773.pdf\">State v. Lagese<\/a>, 2013-Ohio-5773, 2013 Ohio App. LEXIS 6062 (7th Dist. December 19, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10119\">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-10119","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10119","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=10119"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10119\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10119"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10119"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10119"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}