{"id":13306,"date":"2014-09-18T00:40:04","date_gmt":"2014-09-18T05:40:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13306"},"modified":"2014-09-16T11:51:08","modified_gmt":"2014-09-16T16:51:08","slug":"mi-failure-to-appeal-drug-testing-of-deliquents-parents-until-after-refusal-to-test-a-year-later-was-waiver","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=13306","title":{"rendered":"MI: Failure to appeal drug testing of deliquent&#8217;s parents until after refusal to test a year later was waiver"},"content":{"rendered":"<p>A drug testing and search condition of a delinquent\u2019s parents and home was in effect a year before there was a refusal on Fourth Amendment grounds. The objection comes too late. If the order was unconstitutional, which it might have been as to the parents, it was waived by not objecting or appealing at the time it was entered, not after being held in contempt a year afterward. <a href=\"http:\/\/publicdocs.courts.mi.gov:81\/opinions\/final\/coa\/20140909_c309269_55_309269.opn.pdf\">People v. Dorsey (In re Dorsey)<\/a>, 2014 Mich. App. LEXIS 1665 (September 9, 2014).<\/p>\n<p>Defendant was stopped by the Puerto Rico police for suspicion of driving a stolen car, and he was directed to open the hood so the VIN number on the engine could be checked. Officers could see a gun in his waistband, and that justified his frisk. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/13-1888P-01A.pdf\">United States v. Tiru-Plaza<\/a>, 2014 U.S. App. LEXIS 17388 (1st Cir. September 9, 2014).*<\/p>\n<p>Defendant\u2019s motion to suppress is denied after he admits that nothing was seized to be suppressed. <a href=\"https:\/\/ecf.gamd.uscourts.gov\/cgi-bin\/show_public_doc?2012-00001-136-1-cr\">United States v. Walker<\/a>,  2014 U.S. Dist. LEXIS 124638 (M.D. Ga. September 8, 2014).* [Then why was it filed?]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A drug testing and search condition of a delinquent\u2019s parents and home was in effect a year before there was a refusal on Fourth Amendment grounds. The objection comes too late. If the order was unconstitutional, which it might have &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=13306\">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":[55,6,51],"tags":[],"class_list":["post-13306","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-motion-to-suppress","category-plain-view"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13306","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=13306"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13306\/revisions"}],"predecessor-version":[{"id":13310,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13306\/revisions\/13310"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13306"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13306"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13306"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}