{"id":2012,"date":"2008-09-05T20:21:10","date_gmt":"2008-04-23T09:25:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-23T09:25:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2012","title":{"rendered":"Strip search of SVP in jail appeared pretextual"},"content":{"rendered":"<p>Strip search of a sexually violent predator in jail based on an extra t-shirt, an extra book, and a piece of paper over the window to block light could be found to be pretextual since there was nothing to be found on the body in relation to the contraband in the cell. This claim survives summary judgment. Cerniglia v. County of Sacramento, 2008 U.S. Dist. LEXIS 32346 (E.D. Cal. April 18, 2008).*<\/p>\n<p>Officers had reasonable suspicion for defendant based on their collective knowledge. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200710703.pdf\">United States v. Allen<\/a>, 274 Fed. Appx. 811 (11th Cir. 2008) (unpublished).*<\/p>\n<p>A knock and talk was attempted at defendant&#8217;s house because officers were informed of a grow operation.  Nobody answered, so they hung out for a while, and when the defendant appeared out a rear door and the officers went to meet him they could smell marijuana coming out of the house. The defendant argued lack of exigency for an entry as a protective sweep, because a grow operation could not be dismantled and removed while the officers were around. The District Court found the entry reasonable and it did not taint the later issued warrant. United States v. Correa, 2008 U.S. Dist. LEXIS 32273 (N.D. Fla. April 18, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2012\">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-2012","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2012","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=2012"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2012\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2012"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2012"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2012"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}