{"id":20293,"date":"2016-01-10T00:06:51","date_gmt":"2016-01-10T05:06:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20293"},"modified":"2016-01-11T13:35:50","modified_gmt":"2016-01-11T18:35:50","slug":"oh10-the-fourth-amendment-exists-to-be-enforced-which-means-providing-a-remedy","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20293","title":{"rendered":"OH10: \u201cThe Fourth Amendment exists to be enforced, which means providing a remedy.\u201d"},"content":{"rendered":"<p>Defendant was a student in school, and his unattended bag was first cursorily searched to identify the owner. Then it was dumped out to search because he was suspected to be a gang member. The school resource officers were state actors, and the second search was illegal, and it is suppressed. \u201cThe Fourth Amendment exists to be enforced, which means providing a remedy.\u201d <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/10\/2016\/2016-Ohio-28.pdf\">State v. Polk<\/a>, 2016-Ohio-28, 2016 Ohio App. LEXIS 23 (10th Dist. Jan. 7, 2016).<\/p>\n<p>Defendant\u2019s affidavit gives enough information to get a hearing on standing in his own backpack and computer bag. The court will give him a hearing on standing in the vehicle, too, just to be cautious. United States v. Bethea, 2016 U.S. Dist. LEXIS 2352 (E.D.N.Y. Jan. 7, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a student in school, and his unattended bag was first cursorily searched to identify the owner. Then it was dumped out to search because he was suspected to be a gang member. The school resource officers were state &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=20293\">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":[66,14],"tags":[],"class_list":["post-20293","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-exclusionary-rule"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20293","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=20293"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20293\/revisions"}],"predecessor-version":[{"id":20314,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20293\/revisions\/20314"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20293"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}