{"id":11177,"date":"2014-04-23T06:05:51","date_gmt":"2014-04-23T11:05:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11177"},"modified":"2014-04-23T06:05:51","modified_gmt":"2014-04-23T11:05:51","slug":"tn-opening-car-door-of-person-asleep-in-car-in-parking-lot-was-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=11177","title":{"rendered":"TN: Opening car door of person asleep in car in parking lot was unreasonable"},"content":{"rendered":"<p>Because Tennessee hasn\u2019t yet recognized a community caretaking search, an officer opening a car door of somebody apparently asleep behind the wheel at night in a parking lot was unreasonable. There was no report of a \u201cperson in peril\u201d or other need for the action. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/shousejerryopn.pdf\">State v. Shouse<\/a>, 2014 Tenn. Crim. App. LEXIS 374 (April 21, 2014).*<\/p>\n<p>Even if the PBT was unreasonable, everything else in this case shows probable cause to believe defendant was under the influence, so the real BAC test was valid. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/40985.pdf\">State v. Nicolescu<\/a>, 2014 Ida. App. LEXIS 36 (April 18, 2014).*<\/p>\n<p>A cell phone and iPad were seized from a car one defendant was driving, but he showed no connection to the car or the stuff, so no standing. Merely being in a car as a driver doesn\u2019t confer standing. United States v. Parrilla, 2014 U.S. Dist. LEXIS 55757 (S.D. N.Y. April 22, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Because Tennessee hasn\u2019t yet recognized a community caretaking search, an officer opening a car door of somebody apparently asleep behind the wheel at night in a parking lot was unreasonable. There was no report of a \u201cperson in peril\u201d or &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=11177\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,20,34],"tags":[],"class_list":["post-11177","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-probable-cause","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11177","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11177"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11177\/revisions"}],"predecessor-version":[{"id":11178,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11177\/revisions\/11178"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11177"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}