{"id":1708,"date":"2009-03-15T09:59:00","date_gmt":"2008-01-19T14:00:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-01-19T14:00:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1708","title":{"rendered":"Probationer moving in with boyfriend made boyfriend&#8217;s home subject to probation search"},"content":{"rendered":"<p>Defendant let his girlfriend on probation move in with him. When she had not notified probation in advance and later admitted it, probation could conduct a probation search. Evidence was found that was lawfully used against the boyfriend. <a href=\"http:\/\/fnweb1.isd.doa.state.mt.us\/idmws\/docContent.dll?Library=CISDOCSVR01^doaisd510&amp;ID=003780735\">State v. Smith<\/a>, 341 Mont. 82, 2008 MT 7, 176 P.3d 258 (2008).<\/p>\n<p>Defendant was not, in the officer&#8217;s mind, free to leave when the stop was over and the officer kept asking questions. Reasonable suspicion was lacking. <a href=\"http:\/\/www.aoc.state.nc.us\/www\/public\/coa\/opinions\/2008\/070118-1.htm\">State v. Myles<\/a>, 188 N.C. App. 42, 654 S.E.2d 752 (2008), aff&#8217;d State v. Myles, 362 N.C. 344, 661 S.E.2d 732 (2008):<\/p>\n<blockquote><p>When Gilmore stopped defendant&#8217;s vehicle, he did not detect an odor of alcohol in the vehicle. When Gilmore frisked Croon, he found no contraband or weapons. However, as Gilmore frisked Croon, he noticed Croon&#8217;s heart was beating unusually fast. Gilmore checked Croon&#8217;s license and found no outstanding violations. Gilmore noticed the rental car was one day overdue. However, Gilmore did not suspect anything unusual about the rental agreement extension. <\/p><\/blockquote>\n<p>City noise ordinance was not unconstitutionally vague so officer had reasonable suspicion for the stop of the defendant&#8217;s car for a violation of the ordinance. <a href=\"http:\/\/www.judicial.state.ia.us\/court_of_appeals\/Recent_Opinions\/20080116\/7-858.pdf\">State v. Feregrino<\/a>, 2008 Iowa App. LEXIS 23 (January 16, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1708\">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-1708","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1708","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=1708"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1708\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1708"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}