{"id":3750,"date":"2010-07-06T17:16:43","date_gmt":"2010-01-20T07:05:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-20T07:05:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3750","title":{"rendered":"IL: Man who rang doorbell of house being searched could not be searched without cause"},"content":{"rendered":"<p>Defendant showed up at a house being searched under a search warrant, and rang the doorbell. One of the officers invited him in and then searched him without any effort to determine his connection to the premises.  The search was unreasonable.  Defendant was seized when he came into the house.  <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2010\/4thDistrict\/January\/4090338.pdf\">People v. Chestnut<\/a>, 398 Ill. App. 3d 1043, 336 Ill. Dec. 955, 921 N.E.2d 811 (2010).<\/p>\n<p>The officer was told that the defendants were hauling cash hidden in the dashboard before the stop was made for a traffic offense.  The defendant\u2019s conduct after the stop was reasonable suspicion to continue questioning about drugs and cash. A dog was called, and it arrived within 15 minutes so the stop was not unreasonably extended.  United States v. Guzman, 2009 U.S. Dist. LEXIS 123232 (D. Minn. November 25, 2009).*<\/p>\n<p>The evidence supports the District Court\u2019s finding that the defendant consented during a knock-and-talk of the hotel room where he lived.  <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/10a0028n-06.pdf\">United States v. Phillips<\/a>, 361 Fed. Appx. 679, 2010 FED App. 0028N (6th Cir. 2010) (unpublished).*<\/p>\n<p>Plaintiff\u2019s complaint that an officer induced her to have her husband arrested for a domestic dispute after she did not want to and then had her ride with him and touched her hand saying that he wanted to date her stated a Fourth Amendment claim without qualified immunity.  <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/10a0030n-06.pdf\">Wilson v. Wilkins<\/a>, 362 Fed. Appx. 440, 2010 FED App. 0030N (6th Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3750\">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-3750","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3750","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=3750"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3750\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3750"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}