{"id":25555,"date":"2017-01-31T13:35:08","date_gmt":"2017-01-31T18:35:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25555"},"modified":"2017-01-31T13:35:08","modified_gmt":"2017-01-31T18:35:08","slug":"id-driving-on-a-suspended-dl-supports-a-search-incident-of-the-person","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25555","title":{"rendered":"ID: Driving on a suspended DL supports a search incident of the person"},"content":{"rendered":"<p>The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. <a href=\"https:\/\/isc.idaho.gov\/opinions\/44001.pdf\">State v. Lee<\/a>, 2017 Ida. App. LEXIS 8 (Jan. 25, 2017).<\/p>\n<p>\u201cHere, the warrantless entry of Wilkinson&#8217;s vehicle was permissible under the medical assistance exception to the Fourth Amendment because it was reasonable for the officers to believe Wilkinson needed medical attention. The Unversaws placed a 911 call because a strange car that had been wrecked was parked in their driveway, and the driver of the vehicle was disoriented and unsteady. The officers responded to the call and confirmed the Unversaws&#8217; observations. Wilkinson was slumped over behind the wheel, his speech was slurred, and he responded, \u2018I don&#8217;t know\u2019 when asked if he needed help.\u201d Then there was a plain view. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/01271701bb.pdf\">Wilkinson v. State<\/a>, 2017 Ind. App. LEXIS 32 (Jan. 27, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. State v. Lee, 2017 Ida. App. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=25555\">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":[50,3,26],"tags":[],"class_list":["post-25555","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-emergency-exigency","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25555","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=25555"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25555\/revisions"}],"predecessor-version":[{"id":25556,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25555\/revisions\/25556"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25555"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25555"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25555"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}