{"id":29813,"date":"2017-10-23T00:00:08","date_gmt":"2017-10-23T05:00:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29813"},"modified":"2017-10-23T08:48:15","modified_gmt":"2017-10-23T13:48:15","slug":"ms-sw-request-was-for-blood-alcohol-but-sw-said-drugs-too-warrant-not-unreasonable-or-overbroad","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=29813","title":{"rendered":"MS: SW request was for blood alcohol but SW said drugs too; warrant not unreasonable or overbroad"},"content":{"rendered":"<p>The showing of probable cause for defendant\u2019s blood testing specified alcohol, but the warrant actually said alcohol or drugs could be tested for. This was not unreasonable considering defendant\u2019s driving which was a part of the probable cause. <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO124656.pdf\">Roberts v. State<\/a>, 2017 Miss. App. LEXIS 610 (Oct. 17, 2017).<\/p>\n<p>An officer on patrol saw a group of young men in Crips territory and a high crime area and recognized defendant as a member of the gang. He saw defendant walk behind a car and heard the sound of what he concluded was the dropping of a gun. That was reasonable suspicion to inquire further. United States v. Polite, 2017 U.S. Dist. LEXIS 173242 (D. Neb. Sept. 20, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The showing of probable cause for defendant\u2019s blood testing specified alcohol, but the warrant actually said alcohol or drugs could be tested for. This was not unreasonable considering defendant\u2019s driving which was a part of the probable cause. Roberts v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=29813\">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":[7,35],"tags":[],"class_list":["post-29813","post","type-post","status-publish","format-standard","hentry","category-overbreadth","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29813","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=29813"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29813\/revisions"}],"predecessor-version":[{"id":29833,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29813\/revisions\/29833"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29813"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29813"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29813"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}