{"id":15640,"date":"2015-01-28T14:33:19","date_gmt":"2015-01-28T19:33:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15640"},"modified":"2015-01-29T11:03:36","modified_gmt":"2015-01-29T16:03:36","slug":"n-d-iowa-fourth-amendment-doesnt-require-that-driver-be-given-option-to-call-somebody-to-get-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15640","title":{"rendered":"N.D.Iowa: Fourth Amendment doesn&#8217;t require that driver be given option to call somebody to get car"},"content":{"rendered":"<p>This inventory was shown to be valid despite the argument that defendant\u2019s wife could have been called to get the car. No Fourth Amendment case says that\u2019s a requirement. United States v. Crane, 2015 U.S. Dist. LEXIS 8448 (N.D. Iowa January 26, 2015).<\/p>\n<p>On the totality, defendant\u2019s consent on video was shown by the government to be voluntary. He was smiling during the encounter, and he read a consent form in Spanish that said he had a right to refuse consent. United States v. Guevara-Miranda, 2015 U.S. Dist. LEXIS 9226 (W.D. La. January 20, 2015).*<\/p>\n<p>Stopping defendant after he pulled into another person\u2019s driveway at night was unreasonable. The area was not a high crime area, the officer was not responding to a call, and he had no suspicion of any traffic infraction or any other criminal activity. The community caretaking \/ emergency aid exception to the Fourth Amendment warrant requirement did not apply because there was no evidence that the officer had any reason to believe defendant was in imminent harm. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/11\/2015\/2015-ohio-208.pdf\">State v. Dixon<\/a>, 2015-Ohio-208, 2015 Ohio App. LEXIS 181 (11th Dist. January 26, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This inventory was shown to be valid despite the argument that defendant\u2019s wife could have been called to get the car. No Fourth Amendment case says that\u2019s a requirement. United States v. Crane, 2015 U.S. Dist. LEXIS 8448 (N.D. Iowa &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=15640\">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":[74,24,3,39],"tags":[],"class_list":["post-15640","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-consent","category-emergency-exigency","category-inventory"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15640","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=15640"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15640\/revisions"}],"predecessor-version":[{"id":15648,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15640\/revisions\/15648"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15640"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}