{"id":3038,"date":"2009-12-25T06:18:49","date_gmt":"2009-04-02T07:21:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-02T07:21:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3038","title":{"rendered":"ID: Blocking door with foot was crossing the threshold for Fourth Amendment purposes"},"content":{"rendered":"

Defense counsel were not ineffective for not filing a motion to suppress defendant’s search by a security guard who was not a state actor. [Defendant was operating under advice from a jailhouse lawyer that the issue was viable.] State v. Butler<\/a>, 2009 WI App 52, 317 Wis. 2d 515, 768 N.W.2d 46 (2009).*<\/p>\n

Officers were justified in an exigent entry because an apparent burglar was lurking at the window before the officer got to the door, and the people inside were unusually guarded [like there was somebody inside holding them hostage]. State v. Araiza<\/a>, 209 P.3d 668 (Ida. App. 2009).*<\/p>\n

Officer came to a motel room called by management because of marijuana smoking. He did a knock-and-talk and marijuana smoke came out the door. His using his foot to block the door from shutting was a search by crossing the threshold. Consent thereafter was invalid. State v. Hudson<\/a>, 209 P.3d 196 (Ida. App. 2009):<\/p>\n

The police officer’s unlawful entry into Hudson’s motel room was a violation of the Fourth Amendment’s prohibition against unreasonable searches and seizures. The unlawful entry never ended; therefore, the search and acquisition of the incriminating evidence was contemporaneous with the unlawful activity. No intervening circumstances existed which would independently justify the ongoing, unlawful entry. Thus, Hudson’s consent to the search of his motel room was rendered invalid and the incriminating evidence acquired during the search must be suppressed as the fruit of the Fourth Amendment violation.<\/p><\/blockquote>\n

Officers had reasonable suspicion to detain the defendants for aggravated robbery, and that justified handcuffing them. State v. Doakes<\/a>, 2009 Ohio 1407, 2009 Ohio App. LEXIS 1177 (2d Dist. March 27, 2009).*<\/p>\n

Defendant’s search incident was justified by the outstanding warrant for her arrest, not the automobile exception. State v. Gray<\/a>, 2009 Ohio 1411, 2009 Ohio App. LEXIS 1175 (2d Dist. March 27, 2009).*<\/p>\n

Delegation of a federal search warrant to a tribal SWAT team was not a violation of Rule 41 because tribal officers are “federal officers.” Casillas v. United States, 2009 U.S. Dist. LEXIS 25662 (D. Ariz. February 11, 2009).*<\/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-3038","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3038","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=3038"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3038\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3038"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3038"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3038"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}