{"id":35524,"date":"2018-11-23T00:00:31","date_gmt":"2018-11-23T05:00:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35524"},"modified":"2018-11-22T23:59:47","modified_gmt":"2018-11-23T04:59:47","slug":"d-n-m-parking-across-defs-driveway-wasnt-his-seizure-when-he-was-hiding-under-a-trailer","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=35524","title":{"rendered":"D.N.M.: Parking across def&#8217;s driveway wasn&#8217;t his seizure when he was hiding under a trailer"},"content":{"rendered":"<p>The officer parking across defendant\u2019s driveway wasn\u2019t his seizure. Defendant wasn\u2019t seized until he came out from under a trailer. When he was seized, it was with reasonable suspicion. United States v. Shelton, 2018 U.S. Dist. LEXIS 197713 (D. N.M. Nov. 20, 2018).*<\/p>\n<p>Defendant essentially concedes probable cause to search his iPhone but he challenges that which isn\u2019t in the search warrant affidavit. The court finds that is inviting de novo review which is not the court\u2019s job. There is probable cause for the phone and it is described with sufficient particularity. United States v. Davidson, 2018 U.S. Dist. LEXIS 197049 (M.D. Pa. Nov. 19, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer parking across defendant\u2019s driveway wasn\u2019t his seizure. Defendant wasn\u2019t seized until he came out from under a trailer. When he was seized, it was with reasonable suspicion. United States v. Shelton, 2018 U.S. Dist. LEXIS 197713 (D. N.M. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=35524\">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":[69,96],"tags":[],"class_list":["post-35524","post","type-post","status-publish","format-standard","hentry","category-seizure","category-standards-of-review"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35524","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=35524"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35524\/revisions"}],"predecessor-version":[{"id":35526,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35524\/revisions\/35526"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35524"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}