{"id":19070,"date":"2015-10-03T07:13:12","date_gmt":"2015-10-03T12:13:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19070"},"modified":"2015-10-03T08:45:24","modified_gmt":"2015-10-03T13:45:24","slug":"ca1-consent-not-tainted-by-statement-officers-would-search-anyway-where-they-had-pc-for-sw","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19070","title":{"rendered":"CA1: Consent not tainted by statement officers would search anyway where they had PC for SW"},"content":{"rendered":"<p>Defendant\u2019s consent was not tainted by the officer\u2019s assertion that his apartment would be searched anyway because there was probable cause for a warrant. Defendant drove himself to the police station for an interview, and he wasn\u2019t in custody for Miranda purposes. Ulimately he was Mirandized. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/14-1821P-01A.pdf\">United States v. Hinkley<\/a>, 2015 U.S. App. LEXIS 17215 (1st Cir. September 30, 2015).<\/p>\n<p>A search and seizure claim cannot be raised under a motion to correct an illegal sentence. <a href=\"http:\/\/www.jud.state.ct.us\/external\/supapp\/Cases\/AROap\/Ap160\/160AP462.pdf\">State v. Logan<\/a>, 2015 Conn. App. LEXIS 348 (October 6, 2015).*<\/p>\n<p>There was probable cause for arresting defendant for no trespassing or no loitering. United States v. Wilkerson, 2015 U.S. Dist. LEXIS 130186 (E.D. Wis. August 25, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s consent was not tainted by the officer\u2019s assertion that his apartment would be searched anyway because there was probable cause for a warrant. Defendant drove himself to the police station for an interview, and he wasn\u2019t in custody for &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19070\">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":[24,20],"tags":[],"class_list":["post-19070","post","type-post","status-publish","format-standard","hentry","category-consent","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19070","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=19070"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19070\/revisions"}],"predecessor-version":[{"id":19077,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19070\/revisions\/19077"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19070"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19070"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19070"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}