{"id":3652,"date":"2010-09-06T20:07:56","date_gmt":"2009-12-19T09:20:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-19T09:20:22","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3652","title":{"rendered":"CA8: Serving order of protection on defendant away from the house was not shown to cause him not to object to wife&#8217;s consent"},"content":{"rendered":"<p>A valid ex parte order of protection was served on defendant away from his house, but defendant could not show that it was for the purpose of keeping him from objecting to the search under Randolph. His wife was asked for consent in his absence. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/09\/12\/083079P.pdf\">United States v. Brewer<\/a>, 588 F.3d 1165 (8th Cir. 2009).*<\/p>\n<p>Two cell phones and unusual travel plans were reasonable suspicion. Defendant was in Wichita heading to the East Coast but on a five day vacation.  The officer saw <a href=\"http:\/\/norml.org\/pdf_files\/brief_bank\/Operation_Pipeline_Manual.pdf\">Bondo for body work, which indicates a hidden compartment<\/a>. The drug dog alerted. United States v. Guerrero-Sanchez, 2009 U.S. Dist. LEXIS 116869 (D. Kan. December 15, 2009).<\/p>\n<p>The defendant had a carry permit and he told the officer, as required to do, that he had the gun. The officer looked for it and smelled marijuana. That gave cause to search. United States v. Smith, 694 F. Supp. 2d 1242 (M.D. Ala. 2009).*<\/p>\n<p>The affidavit for the search warrant supported the inferences drawn and that defendant had contraband in the house. Possession of a gun 15 days earlier was not stale. United States v. Collins, 2009 U.S. Dist. LEXIS 117232 (E.D. N.C. October 16, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3652\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3652","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3652","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3652"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3652\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3652"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3652"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3652"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}