{"id":12292,"date":"2014-06-27T08:25:44","date_gmt":"2014-06-27T13:25:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12292"},"modified":"2014-06-27T08:25:44","modified_gmt":"2014-06-27T13:25:44","slug":"tn-consent-not-invalid-for-threat-of-sw-that-was-with-pc-also-exclusionary-rule-doesnt-apply-to-probation-revo","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12292","title":{"rendered":"TN: Consent not invalid for threat of SW that was with PC; also exclusionary rule doesn’t apply to probation revo"},"content":{"rendered":"

The request for consent here was not backed by a baseless threat to get a search warrant because the officers had probable cause. Here, however, this was a probation revocation, and the exclusionary rule wouldn\u2019t apply. State v. Fife<\/a>, 2014 Tenn. Crim. App. LEXIS 596 (June 26, 2014).<\/p>\n

In an appeal of a right to counsel issue, a Franks-type issue was thrown in while acknowledging that it wasn\u2019t decided by the court below. It\u2019s not at all preserved for review. Westray v. State<\/a>, 2014 Md. App. LEXIS 60 (June 25, 2014).*<\/p>\n

Defendant\u2019s motion to suppress was never ruled on, and his plea agreement waived it. United States v. Powell<\/a>, 2014 U.S. App. LEXIS 12085 (5th Cir. June 26, 2014).*<\/p>\n

Defendant was stopped for loud music from the car, but the officers already suspected him of dealing drugs. He made a furtive movement under the seat, and the officer could smell marijuana from the car. A dog alerted. Defendant was removed from the vehicle, and he was patted down, and that revealed a ball in the pocket that was immediately apparent to the officer was drugs. State v. Jones<\/a>, 2014-Ohio-2763, 2014 Ohio App. LEXIS 2705 (8th Dist. June 26, 2014).<\/p>\n","protected":false},"excerpt":{"rendered":"

The request for consent here was not backed by a baseless threat to get a search warrant because the officers had probable cause. Here, however, this was a probation revocation, and the exclusionary rule wouldn\u2019t apply. State v. Fife, 2014 … Continue reading →<\/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":[24,20],"tags":[],"class_list":["post-12292","post","type-post","status-publish","format-standard","hentry","category-consent","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12292","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=12292"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12292\/revisions"}],"predecessor-version":[{"id":12293,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12292\/revisions\/12293"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12292"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}