{"id":32303,"date":"2018-03-21T06:41:07","date_gmt":"2018-03-21T11:41:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32303"},"modified":"2018-03-21T06:53:29","modified_gmt":"2018-03-21T11:53:29","slug":"tn-after-defs-arrest-for-assault-with-a-knife-the-apparent-weapon-was-seen-in-plain-view-in-defs-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=32303","title":{"rendered":"TN: After def&#8217;s arrest for assault with a knife, the apparent weapon was seen in plain view in def&#8217;s car"},"content":{"rendered":"<p>Defendant had been arrested after a stop for aggravated assault with a knife. When the officer looked in the car to secure it, he saw a knife in plain view, and its seizure was reasonable. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/stanley_ralph_alanopn.pdf\">State v. Stanley<\/a>, 2018 Tenn. Crim. App. LEXIS 207 (Mar. 20, 2018).<\/p>\n<p>\u201cIn summary, taking all of the objective facts in the affidavit and viewing them in their totality &#8211; each mounting upon the other &#8211; the reviewing magistrate could reasonably infer that appellant was engaged in the distribution of illegal drugs. Consequently, there was a reasonable probability that evidence of that crime could be found in appellant&#8217;s home. Therefore, we find that there was a substantial basis for the magistrate to conclude that probable cause existed that criminal activity was occurring so as to justify issuing the search warrant for appellant&#8217;s home.\u201d Therefore, the good faith exception is a moot point. <a href=\"http:\/\/www.courts.state.va.us\/opinions\/opncavwp\/0184172.pdf\">Brown v. Commonwealth<\/a>, 2018 Va. App. LEXIS 66 (Mar. 20, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had been arrested after a stop for aggravated assault with a knife. When the officer looked in the car to secure it, he saw a knife in plain view, and its seizure was reasonable. State v. Stanley, 2018 Tenn. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=32303\">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":[51,20],"tags":[],"class_list":["post-32303","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32303","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=32303"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32303\/revisions"}],"predecessor-version":[{"id":32305,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32303\/revisions\/32305"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32303"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32303"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32303"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}