{"id":35196,"date":"2018-10-20T09:48:20","date_gmt":"2018-10-20T14:48:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35196"},"modified":"2018-10-21T05:05:12","modified_gmt":"2018-10-21T10:05:12","slug":"me-describing-stolen-tools-by-color-and-make-was-certainly-particular-as-it-could-get","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=35196","title":{"rendered":"ME: Describing stolen tools by color and make was certainly particular as it could get"},"content":{"rendered":"

Stolen tools were described in the search warrant by color and make, and this was not unconstitutionally vague in the description just because other brands might have the same color scheme. \u201cIn this case, the search warrants identified the items to be seized with as much particularity as was possible under the circumstances.\u201d State v. Winchester<\/a>, 2018 ME 142, 2018 Me. LEXIS 147 (Oct. 18, 2018). [Compared to others I\u2019ve seen for stolen property, this was really specific.] <\/p>\n

Defendant\u2019s initial encounter with officers was to just ask him questions, and he couldn\u2019t believe it was custodial or that he wasn\u2019t free to leave. Defendant happened to drive up to a house being searched. Then he gave implausible stories about why he was there. \u201cMoreover, Defendant’s false claims that he had not been driving the truck and trailer and his change in demeanor as he was being questioned about his identity\u2014breathing rapidly and sweating profusely\u2014increased Majors’ suspicions that Defendant was involved in the drug trafficking for which the agents were investigating the residence where Defendant parked the truck and trailer and that he might run or attack the officers as Majors had experienced with other suspects who behaved similarly.\u201d This justified further restraint. United States v. Best, 2018 U.S. Dist. LEXIS 177684 (N.D. Ga. Sep. 17, 2018),* adopted, 2018 U.S. Dist. LEXIS 177403 (N.D. Ga. Oct. 16, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Stolen tools were described in the search warrant by color and make, and this was not unconstitutionally vague in the description just because other brands might have the same color scheme. \u201cIn this case, the search warrants identified the items … 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":[65,35],"tags":[],"class_list":["post-35196","post","type-post","status-publish","format-standard","hentry","category-particularity","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35196","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=35196"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35196\/revisions"}],"predecessor-version":[{"id":35227,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35196\/revisions\/35227"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35196"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35196"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35196"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}