{"id":3678,"date":"2010-05-18T17:08:41","date_gmt":"2009-12-29T00:04:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-25T12:26:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3678","title":{"rendered":"FL3: Handcuffing defendant who consented to search of his vehicle and then putting him in police car tainted his abandonment of cocaine in the police car"},"content":{"rendered":"

After a valid traffic stop, defendant was asked if he would consent to a search of the car, which he agreed to. He was handcuffed and stuck in a police car during the search. While in there, he abandoned a bag of cocaine which was found after he was permitted to drive off. His detention was unreasonable and led to the abandonment. The 30 minute handcuffing for a consent search was unreasonable. Hidelgo v. State<\/a>, 25 So. 3d 95 (Fla. App. 3d DCA 2009).<\/p>\n

As evidence to seize in a search warrant, \u201cevidence of sexual abuse\u201d was \u201cinartful\u201d but not so bad that seizure under the warrant should be suppressed. State v. Tolen<\/a>, 304 S.W.3d 229 (Mo. App. 2009).*<\/p>\n

Mere eye contact with the police is not a seizure. \u201cTherefore, evidence of his reaction to the police, clutching movements at his waistband, his flight, and the gun and magazine should have all been suppressed because the police lacked reasonable grounds for suspicion that the defendant was committing a crime. We disagree.\u201d Commonwealth v. Ware<\/a>, 76 Mass. App. Ct. 53, 918 N.E.2d 861 (2009).*<\/p>\n

Officer did not violate the Fourth Amendment by entering defendant’s patio and getting his attention through his sliding glass door. The officer followed the defendant’s own route through the snow. The officer was investigating a DWI from a security guard that saw defendant stuck in a snowbank. State v. Perkins<\/a>, 2009 UT App 390, 222 P.3d 1198, 646 Utah Adv. Rep. 14 (2009):<\/p>\n

[*P23] The Dunn factors weigh against a determination that “the area in question is so intimately tied to the home itself that it should be placed under the home’s ‘umbrella’ of Fourth Amendment protection.” United States v. Dunn, 480 U.S. 294, 301 (1987). Furthermore, Perkins had the burden of demonstrating that he had an expectation of privacy in the patio itself. See United States v. Cavely, 318 F.3d 987, 994 (10th Cir. 2003). He has not carried that burden. Consequently, we hold that, under the facts of this case, Perkins’s back patio is not part of the curtilage of the home, which would require a warrant for entry. As a result, Officer Lealaitafea’s entrance onto the patio, after following Perkins’s own path to the home, for the purposes of detaining Perkins to investigate a reliable tip that Perkins had been driving under the influence of alcohol, did not constitute a warrantless entry into Perkins’s home.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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