{"id":2827,"date":"2009-01-15T10:32:32","date_gmt":"2009-01-02T07:56:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-01-02T07:56:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2827","title":{"rendered":"E.D. Cal.: Samson<\/em> likely will be applied to probationer searches"},"content":{"rendered":"

In a civil case over an alleged unlawful probationer search, the court believes the Ninth Circuit will find that probationers have sufficiently less expectation of privacy and that the search here was lawful. While Samson<\/a> deals with parolees and it is different than Knights<\/a>, and the Supreme Court has not equated them yet, it probably will. Sanders v. Bishop, 2008 U.S. Dist. LEXIS 104507 (E.D. Cal. December 29, 2008).*<\/p>\n

Defendant, instead of pulling over, slowed down to 10 mph and jumped out of his truck and fled on foot. That was an act of abandonment. The only inference the court can draw is that his jumping from the truck was a diversion to get the officer to deal with the driverless truck to buy time to escape. United States v. Leunen, 2008 U.S. Dist. LEXIS 104583 (D. Ariz. November 17, 2008).<\/p>\n

Defendant had standing to challenge the stop of the car he was riding in, and it was valid. He had no standing in the area around his feet in the car he was riding in. Being directed to roll down the windows at the time of the stop does not offend the Fourth Amendment. United States v. Smith, 2008 U.S. Dist. LEXIS 104578 (S.D. Ga. November 10, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-2827","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2827","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=2827"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2827\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2827"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}