{"id":33567,"date":"2018-06-25T00:25:20","date_gmt":"2018-06-25T05:25:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33567"},"modified":"2018-06-24T21:27:15","modified_gmt":"2018-06-25T02:27:15","slug":"de-a-visitors-car-parked-outside-a-house-being-raided-wasnt-enough-to-search-it-here-however-the-keys-were-found-next-to-heroin-inside-and-that-was-enough","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=33567","title":{"rendered":"DE: A visitor&#8217;s car parked outside a house being raided wasn&#8217;t enough to search it; here, however, the keys were found next to heroin inside, and that was enough"},"content":{"rendered":"<p>Defendant\u2019s vehicle was parked outside of a house where a search was going down. Merely being outside isn\u2019t cause to search the car. Finding the keys next to heroin inside was because that provided nexus to the drugs in the house. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=274340\">State v. Smith<\/a>, 2018 Del. Super. LEXIS 261 (June 11, 2018).<\/p>\n<p>Defendant\u2019s motorcycle was pursued by the police and stopped. First, the search incident doctrine of Gant doesn\u2019t support the search. Second, the automobile exception does apply, and the search was valid under that. The fact the officer pursued defendant in a police truck, not squad car, was not a factor under the Fourth Amendment. Third, the search was valid under the Fourth Amendment. Defendant\u2019s argument that the officer didn\u2019t closely follow the inventory policy of listing baggies isn\u2019t important here because he didn\u2019t consider them \u201cvaluable\u201d and worth inventorying, which was consistent with the policy. United States v. Fitch, 2018 U.S. Dist. LEXIS 104026 (N.D. Ind. June 21, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s vehicle was parked outside of a house where a search was going down. Merely being outside isn\u2019t cause to search the car. Finding the keys next to heroin inside was because that provided nexus to the drugs in the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=33567\">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":[38,16],"tags":[],"class_list":["post-33567","post","type-post","status-publish","format-standard","hentry","category-nexus","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33567","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=33567"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33567\/revisions"}],"predecessor-version":[{"id":33568,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33567\/revisions\/33568"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33567"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33567"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33567"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}