{"id":20299,"date":"2016-01-10T12:25:55","date_gmt":"2016-01-10T17:25:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20299"},"modified":"2016-01-11T13:34:37","modified_gmt":"2016-01-11T18:34:37","slug":"sd-a-pipe-with-residue-on-the-person-is-pc-for-an-automobile-exception-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20299","title":{"rendered":"SD: A pipe with residue on the person is PC for an automobile exception search"},"content":{"rendered":"<p>The officer decided to stop defendant who was parked under a \u201cno parking\u201d sign. When he approached the vehicle, an open container was visible between the driver and passenger seats. It turned out defendant\u2019s DL was revoked. While normally a ticket might be issued for these offenses, the law does not prohibit a physical arrest because they are misdemeanors. A frisk of defendant revealed a marijuana pipe with residue. Another officer arrived, and the first instructed him to search the car. Under the driver\u2019s seat was a box with meth. The search of the car was justified by the automobile exception because finding the pipe made it reasonable to conclude marijuana would be in the car. Defendant\u2019s motion to suppress did not preserve his search incident claim. <a href=\"http:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/27062.pdf\">State v. Fischer<\/a>, 2016 SD 1, 2016 S.D. LEXIS 3 (Jan. 6, 2016).<\/p>\n<p>Plaintiff did not show that there was no probable cause for his arrest. He was found not guilty of the misdemeanor at trial, but his factual dispute centers on the guilt question, not probable cause. Therefore, summary judgment for the officers was proper. <a href=\"http:\/\/www.ca4.uscourts.gov\/Opinions\/Unpublished\/151198.U.pdf\">Barfield v. Kershaw County Sheriff&#8217;s Office<\/a>, 2016 U.S. App. LEXIS 182 (4th Cir. Jan. 7, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer decided to stop defendant who was parked under a \u201cno parking\u201d sign. When he approached the vehicle, an open container was visible between the driver and passenger seats. It turned out defendant\u2019s DL was revoked. While normally a &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=20299\">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":[45,36],"tags":[],"class_list":["post-20299","post","type-post","status-publish","format-standard","hentry","category-45","category-automobile-exception"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20299","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=20299"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20299\/revisions"}],"predecessor-version":[{"id":20313,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20299\/revisions\/20313"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20299"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20299"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}