{"id":32588,"date":"2018-04-09T04:53:05","date_gmt":"2018-04-09T09:53:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32588"},"modified":"2018-04-09T05:01:26","modified_gmt":"2018-04-09T10:01:26","slug":"e-d-va-having-been-kicked-out-of-a-hotel-room-and-leaving-they-essentially-abandoned-that-which-was-left-behind","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=32588","title":{"rendered":"E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind"},"content":{"rendered":"<p>Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer was any reasonable expectation of privacy in the room. [It could also be abandonment.] United States v. Seay, 2018 U.S. Dist. LEXIS 58264 (E.D. Va. Apr. 5, 2018).*<\/p>\n<p>As to the search issue, defendant\u2019s 2255 is a relitigation of the issue already tried by this court and affirmed on appeal. It\u2019s thus barred. United States v. Shrader, 2018 U.S. Dist. LEXIS 57182 (N.D. Okla. Apr. 4, 2018).*<\/p>\n<p>Defendant consented to a search of his book bag after an officer asked what was in it. He was not in custody at the time. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2018\/2018-Ohio-1296.pdf\">State v. Benton<\/a>, 2018-Ohio-1296, 2018 Ohio App. LEXIS 1421 (8th Dist. Apr. 5, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=32588\">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":[48,24,34],"tags":[],"class_list":["post-32588","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-consent","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32588","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=32588"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32588\/revisions"}],"predecessor-version":[{"id":32590,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32588\/revisions\/32590"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32588"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32588"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32588"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}