{"id":23023,"date":"2016-07-22T07:05:47","date_gmt":"2016-07-22T12:05:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23023"},"modified":"2016-07-22T17:28:30","modified_gmt":"2016-07-22T22:28:30","slug":"nd-motel-guests-arrest-for-crime-on-premises-against-employee-resulted-in-eviction-and-lawful-room-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23023","title":{"rendered":"ND: Motel guest&#8217;s arrest for crime on premises against employee resulted in eviction and lawful room search"},"content":{"rendered":"<p>Defendant was arrested at a motel for some unspecified crime against an employee and taken away. Management then evicted him and had the police come and remove his stuff. While inventorying, they found drug paraphernalia. Then they did a dog walk around of his car in the parking lot. With his eviction and arrest, he lost any reasonable expectation of privacy in the room. His car was fair game for a dog sniff. It wasn\u2019t stopped, and it wasn\u2019t going anywhere for a while. <a href=\"http:\/\/www.ndcourts.gov\/_court\/opinions\/20150042.htm\">State v. Williams<\/a>, 2016 ND 132, 2016 N.D. LEXIS 142 (June 30, 2016).<\/p>\n<p>Even if a warrantless blood draw was unreasonable as a probation search, which it probably wasn\u2019t, it was harmless beyond a reasonable doubt. Police already had probable cause that defendant was involved in a second homicide, and had already obtained blood from the prior one, so a confirmatory test was expected. The court declines to decide whether a probation search can be for blood, noting that one of the state court of appeals held it could: People v. Jones, 231 Cal. App. 4th 1257, 180 Cal. Rptr. 3d 407 (1st Dist. 2014). <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/S102166.PDF\">People v. Simon<\/a>, 2016 Cal. LEXIS 5038 (July 18, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested at a motel for some unspecified crime against an employee and taken away. Management then evicted him and had the police come and remove his stuff. While inventorying, they found drug paraphernalia. Then they did a dog &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=23023\">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":[18],"tags":[],"class_list":["post-23023","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23023","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=23023"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23023\/revisions"}],"predecessor-version":[{"id":23027,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23023\/revisions\/23027"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23023"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23023"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23023"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}