{"id":2108,"date":"2008-12-24T06:03:13","date_gmt":"2008-05-26T10:26:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-05-26T10:26:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2108","title":{"rendered":"ID:  Forty minute loss of sight of defendant was not hot pursuit"},"content":{"rendered":"<p>Officers&#8217; entry into defendant&#8217;s apartment was not justified by hot pursuit because the officers had not seen defendant in 40 minutes (<em>United States v. Johnson<\/em>, 256 F.3d 895, 908 (9th Cir. 2001) (30 minutes not hot pursuit)) and they were going door to door at 4 a.m. looking for him. Consent obtained from defendant&#8217;s wife based on officers&#8217; threat to get a warrant was valid because the officers by then had enough probable cause to get a warrant. The subsequent consents were valid, too. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/ballou.pdf\">State v. Ballou<\/a>, 2008 Ida. App. LEXIS 50 (May 22, 2008).<\/p>\n<p>Defendant did not have a reasonable expectation of privacy in files on a computer somebody else let him use in the other person&#8217;s house, and that person could consent to a search of the computer.  As for password protected files, the police had no duty to inquire into whether some files might have been password protected by defendant on another person&#8217;s computer before EnCase was used to make a mirror image of the hard drive. <a href=\"http:\/\/www.icle.org\/shared\/asp\/display_mi_law_news_opinion.asp?FILENAME=\/mlo\/michapp\/slip\/O-271164.xml\">People v. Brown<\/a>, 279 Mich. App. 116, 755 N.W.2d 664 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2108\">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-2108","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2108","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=2108"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2108\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2108"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2108"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2108"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}