{"id":1479,"date":"2008-07-22T07:20:09","date_gmt":"2007-10-28T11:52:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-28T11:52:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1479","title":{"rendered":"IN:  DWI arrest where girlfriend came to get car did not support a search incident"},"content":{"rendered":"<p>Defendant was arrested for DWI. Immediately prior to the stop, there were possible furtive movements, but the officer told the defendant on the first encounter that he was not afraid of him (defendant put his hands outside the window). Defendant was arrested and detained, and his girlfriend showed up to take the car. The officer searched the car before she could leave, and the search was without basis since there was no evidence to be derived from the search supporting the DWI. <a href=\"http:\/\/www.state.in.us\/judiciary\/opinions\/pdf\/10240712pdm.pdf\">State v. Parham<\/a>, 875 N.E.2d 377 (Ind. App. 2007).<\/p>\n<p>On an <em>Anders<\/em> brief, defendant did not show that the search issue in his case was plain error. He contended that the search started at 6 a.m., but the warrant was not issued until 11:25 a.m.  <a href=\"http:\/\/caselaw.lp.findlaw.com\/data2\/delawarestatecases\/112-2007.pdf\">Pettigrew v. State<\/a>, 937 A.2d 140 (Del. 2007).*<\/p>\n<p>Defendant lacked standing and an expectation of privacy to contest the admission of the all-terrain vehicle on his father-in-law&#8217;s property. Also, there was no evidence that the magistrate who issued the search warrant for the washer and dryer seized from defendant&#8217;s home was not neutral and detached. English v. State, 288 Ga. App. 436, 654 S.E.2d 150 (2007).*<\/p>\n<p>Odor masking in car and driver&#8217;s nervousness and body language and discrepancies in the driver&#8217;s and passenger&#8217;s stories can make reasonable suspicion. <a href=\"http:\/\/courts.state.wy.us\/Opinions\/2007WY167.pdf\">Flood v. State<\/a>, 2007 WY 167, 169 P.3d 538 (2007).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1479\">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-1479","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1479","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=1479"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1479\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1479"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1479"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1479"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}