{"id":1504,"date":"2007-11-11T14:52:10","date_gmt":"2007-11-03T06:02:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-07T06:02:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1504","title":{"rendered":"PO’s reasonable suspicion could include unusual sounds from inside after the knock"},"content":{"rendered":"

Arkansas parole conditions permitted parole search based on reasonable suspicion and not suspicionless searches. Nevertheless, the PO here had reasonable suspicion based on the testimony at the hearing. Part of it was defendant’s failure to promptly respond to the door when the PO knocked because sounds from inside made it sound as though he were hiding something. United States v. Hamilton, 2007 U.S. Dist. LEXIS 81266 (W.D. Ark. October 25, 2007).* Comment:<\/em> Note the similarity to reasonable suspicion from noise from inside after an announcement which is indicative of people secreting things and not coming to the door. Since dispensing with announcement is based on reasonable suspicion, this is a valid analogy. Not one the court drew, but one I draw.<\/p>\n

Defendant’s vehicle was lawfully impounded under the community caretaking function. He had been arrested, and the car was unlocked and illegally parked on the street and would have been subject to theft and the officers had no idea when he would be back to claim it, if ever. United States v. Barrios, 2007 U.S. Dist. LEXIS 81136 (S.D. N.Y. November 1, 2007):<\/p>\n

Moreover, to the extent that Edmond<\/em> can be read to permit Barrios to challenge the programmatic purpose behind the seizure itself, the discussion above establishes that Barrios’s vehicle–which credible testimony showed was illegally parked, potentially unlocked, likely to be unattended for an unknown but significant period of time — was seized pursuant to the “community caretaking” policy that is inherent to the law enforcement function, see generally United States v. Rodriguez-Morales<\/em>, 929 F.2d 780, 784-85 (1st Cir. 1991), and that has been repeatedly endorsed by both the Supreme Court and the courts of this circuit.<\/p><\/blockquote>\n

An involuntary commitment is a seizure under the Fourth Amendment, and it would not be unreasonable if with probable cause. Based on the pleadings, the plaintiff states a claim for relief. Van Cortlandt v. Westchester County, 2007 U.S. Dist. LEXIS 80977 (S.D. N.Y. October 31, 2007).*<\/p>\n

Private shipping company had a hard time attempting to deliver multiple boxes to the defendant. The address was no good, and the telephone numbers given did not work. So, they opened the packages to see if there was more inside aiding in identification of the recipient, and contraband was found and the police were called. This was purely a private search. United States v. Garcia-Bercovich, 2007 U.S. Dist. LEXIS 81089 (N.D. Fla. October 13, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-1504","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1504","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=1504"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1504\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1504"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}