{"id":24275,"date":"2016-11-04T06:11:10","date_gmt":"2016-11-04T11:11:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24275"},"modified":"2016-11-04T06:11:10","modified_gmt":"2016-11-04T11:11:10","slug":"ny3-cursory-suppression-motion-properly-denied-on-its-face","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24275","title":{"rendered":"NY3: Cursory suppression motion properly denied on its face"},"content":{"rendered":"<p>Defendant\u2019s suppression motion was properly denied. \u201cDefendant made only a brief, conclusory claim that there was no probable cause for his arrest, lacking factual support &#8230;.\u201d On his consent claim of lack of consent, the lack of factual support didn\u2019t support the motion. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2016\/2016_07236.htm\">People v. Curtis<\/a>, 2016 NY Slip Op 07236, 2016 N.Y. App. Div. LEXIS 7119 (3d Dept. Nov. 3, 2016).<\/p>\n<p>Defendant\u2019s discussion with the police undercover narcs in the Honolulu airport was consensual up until the time they had more than reasonable suspicion to detain her, and she virtually confesses. The court evaluates the factors of consent to search her purse and \u201chesitates\u201d to conclude that consent was voluntary on the totality. Instead, the court finds probable cause to arrest and that makes the search of the purse valid as incident to her arrest. United States v. Kapahu, 2016 U.S. Dist. LEXIS 138620 (D.Haw. Oct. 5, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s suppression motion was properly denied. \u201cDefendant made only a brief, conclusory claim that there was no probable cause for his arrest, lacking factual support &#8230;.\u201d On his consent claim of lack of consent, the lack of factual support didn\u2019t &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=24275\">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":[66,26],"tags":[],"class_list":["post-24275","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24275","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=24275"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24275\/revisions"}],"predecessor-version":[{"id":24276,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24275\/revisions\/24276"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24275"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}