{"id":1698,"date":"2008-06-21T08:53:34","date_gmt":"2008-01-16T07:20:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-01-17T07:30:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1698","title":{"rendered":"Using keyless remote to find defendant’s car was not an illegal detention of the remote under Place<\/em>"},"content":{"rendered":"

Police had reasonable suspicion that was developing into probable cause. They found on him a keyless remote to a car, and they took it to check which car was his. The temporary seizure of the remote, and thus the car, was not unreasonable under Place<\/em><\/a> (a suitcase). The car was not even entered until an arrest warrant was found. People v. Tallent<\/a>, 174 P.3d 310 (Colo. 2008):<\/p>\n

Based on the criteria set out in Ortega<\/em>, we find that the temporary detention of Tallent’s car by using the keyless remote and staying with the running car was not unreasonable. We come to this conclusion based on the following facts. First, Leslie used the keyless remote to determine if the car was in the immediate vicinity. Then, an officer merely stayed with the car while Leslie and others sought an explanation to why Tallent evaded police. Further, while Leslie did start the engine and unlock the doors by use of the keyless remote, officers did not enter or move the car until the investigation uncovered the warrant for Tallent’s arrest, as well as the stolen goods in the garage matching those in the car. Finally, the car was parked on a public street, in plain view of the officers. It was not forcibly removed from Tallent, nor was he ordered to exit the car so that officers could take possession of it.<\/p>\n

In light of these facts, we find that officers possessed knowledge sufficient to induce a prudent officer to reasonably suspect that Tallent’s car was involved in criminal activity when it was temporarily seized for the limited purpose of securing the area for the brief period of time necessary to continue an ongoing investigation. Given its limited purpose and duration, the initial seizure was not unreasonable.<\/p><\/blockquote>\n

Trial court’s finding that marijuana was in plain view is neither confirmed nor disputed by the videotape, so the trial court’s finding is supported by the evidence. United States v. Phillips<\/a>, 261 Fed. Appx. 740 (5th Cir. 2008)* (unpublished).<\/p>\n

Seizure of an extra notepad from defendant’s jail cell in pretrial detention did not violate Fourth Amendment. United States v. Terron<\/a>, 262 Fed. Appx. 157 (11th Cir. 2008)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"

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