{"id":23626,"date":"2016-09-07T17:43:23","date_gmt":"2016-09-07T22:43:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23626"},"modified":"2016-09-07T17:43:23","modified_gmt":"2016-09-07T22:43:23","slug":"n-d-cal-sweating-and-nervous-def-was-not-rs-for-a-parole-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23626","title":{"rendered":"N.D.Cal.: Sweating and nervous def was not RS for a parole search"},"content":{"rendered":"<p>That defendant was sweating and nervous was not reasonable suspicion for a parole search. United States v. Hopkins, 2016 U.S. Dist. LEXIS 117742 (N.D.Cal. Aug. 31, 2016).<\/p>\n<p>The government\u2019s surveillance supports the conclusion there was probable cause for the search warrant for defendant\u2019s place. And, the good faith exception would apply. United States v. Smaller, 2016 U.S. Dist. LEXIS 115123 (E.D. Pa. Aug. 26, 2016).*<\/p>\n<p>\u201cThe Court does not agree with Defendant that based on the facts in this case, probable cause was lacking for the search warrant. The information set forth in the affidavit itself was enough to support probable cause for the issuance of the search warrant. While Defendant may argue that this was a &#8220;bare bones&#8221; search warrant affidavit, it simply was not.\u201d There were controlled buys and recordings. United States v. Lowery, 2016 U.S. Dist. LEXIS 116851 (D.S.C. Aug. 30, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>That defendant was sweating and nervous was not reasonable suspicion for a parole search. United States v. Hopkins, 2016 U.S. Dist. LEXIS 117742 (N.D.Cal. Aug. 31, 2016). The government\u2019s surveillance supports the conclusion there was probable cause for the search &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=23626\">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":[20,58],"tags":[],"class_list":["post-23626","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23626","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=23626"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23626\/revisions"}],"predecessor-version":[{"id":23627,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23626\/revisions\/23627"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23626"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}