{"id":2251,"date":"2008-12-08T13:43:52","date_gmt":"2008-07-12T08:48:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-12T08:48:09","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2251","title":{"rendered":"IN:  Consent to enter a hotel room was not consent to search it"},"content":{"rendered":"<p>Consent to enter a hotel room was not consent to search it. <a href=\"http:\/\/www.state.in.us\/judiciary\/opinions\/pdf\/07080802mgr.pdf\">Smith v. State<\/a>, 889 N.E.2d 836 (Ind. App. 2008):<\/p>\n<blockquote><p>Even assuming that Hardy&#8217;s act of opening the door and letting the officers in constituted consent to enter, no reasonable person could have interpreted this to mean that the officers also had consent to search the premises. Cf. B<em>uckley v. State<\/em>, 797 N.E.2d 845, 849-51 (Ind. Ct. App. 2003) (concluding officer&#8217;s removal of the lid to a small tin exceeded the scope of consent where the officer asked the defendant if he could search the house to see if anyone else was present and the defendant replied that the officers could &#8220;go ahead and check &#8230; anything [they] want[ed]&#8221;). Thus, it follows that Corporal Hoover did not have consent from Hardy or Smith to search the toilet.<\/p><\/blockquote>\n<p>Defendant at least impliedly consented to a condition of probation searches. He objected at the time he was put on probation that he was ordered and did not consent, but there was no appeal of this condition. Brooks v. State, 292 Ga. App. 445, 664 S.E.2d 82 (2008),* cert granted Nov. 3, 2008).<\/p>\n<p>The plaintiff could not show that a Washington county had any duty to her individually to remove old warrants from the system such that she could sue them for negligence.   <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/35313-0.08.doc.pdf\">Vergeson v. Kitsap County<\/a>, 145 Wn. App. 526, 186 P.3d 1140 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2251\">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-2251","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2251","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=2251"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2251\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2251"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}