{"id":31045,"date":"2017-12-30T07:53:09","date_gmt":"2017-12-30T12:53:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31045"},"modified":"2017-12-30T09:42:33","modified_gmt":"2017-12-30T14:42:33","slug":"d-kan-driving-unlicensed-vehicle-not-ground-for-search-under-search-incident-or-automobile-exception","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=31045","title":{"rendered":"D.Kan.: Driving unlicensed vehicle not ground for search under search incident or automobile exception"},"content":{"rendered":"

Driving an allegedly unlicensed vehicle doesn\u2019t support a search incident for paperwork on the vehicle. The automobile exception didn\u2019t support a search either because there was no probable cause. After defendant was handcuffed and away from the vehicle, a Long protective frisk of the vehicle wasn\u2019t appropriate either. Plain view, however, supported a search and seizure of a firearm that could be seen from outside the vehicle. United States v. Richardson, 2017 U.S. Dist. LEXIS 212857 (D. Kan. Dec. 28, 2017).<\/p>\n

Defendant saying he was armed and that he was going in his house to get more firearms was probable cause to believe there were more guns in the house. United States v. Lax, 2017 U.S. Dist. LEXIS 213039 (E.D. Ky. Dec. 28, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Driving an allegedly unlicensed vehicle doesn\u2019t support a search incident for paperwork on the vehicle. The automobile exception didn\u2019t support a search either because there was no probable cause. After defendant was handcuffed and away from the vehicle, a Long … Continue reading →<\/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":[36],"tags":[],"class_list":["post-31045","post","type-post","status-publish","format-standard","hentry","category-automobile-exception"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31045","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=31045"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31045\/revisions"}],"predecessor-version":[{"id":31052,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31045\/revisions\/31052"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31045"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31045"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31045"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}