{"id":1891,"date":"2008-07-29T06:11:28","date_gmt":"2008-03-19T05:04:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-19T05:04:10","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1891","title":{"rendered":"Use of key taken in a search incident to effect a search warrant not unreasonable"},"content":{"rendered":"

Officers with a search warrant could use a key seized from the defendant under a search incident to open a closet. United States v. Herrara-Contrrras<\/a>, 269 Fed. Appx. 875 (11th Cir. 2008) (unpublished). (Comment:<\/em> Better than the alternative: breaking in the door. Since the police had a search warrant and they were looking for drugs, breaking in the closet would have been lawful. So, how are the defendant’s rights violated by using a key they came into possession of through the search incident? It is annoying when they don’t use the key and break down the door, and that happens enough as it is–breaking into something without looking for a key that was present. If anything, defendant was protected against a greater invasion of his interest if the door had to be broken.)<\/p>\n

Anonymous crime tip on the street that left little spatial discretion to the police was corroborating people on the street pointing at cars driving away. “While quickly departing vehicles do not, in and of themselves, suggest criminal activity, it is a suspicious circumstance to be considered as part of the universe of facts. Here it becomes more significant when coupled with a number of people pointing at the vehicles as if to say ‘that’s them.'” United States v. Sanchez<\/a>, 519 F.3d 1208 (10th Cir. 2008).*<\/p>\n

Defendant’s detention was based on reasonable suspicion that he was in the country illegally based on his being associated with others who were and his claim that he had a visa and a passport in a building nearby that he could not identify. United States v. Aragon-Ruiz, 551 F. Supp. 2d 904 (D. Minn. 2008).*<\/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-1891","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1891","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=1891"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1891\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1891"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1891"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1891"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}