{"id":3781,"date":"2010-07-06T16:59:27","date_gmt":"2010-01-29T09:08:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-29T09:08:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3781","title":{"rendered":"CA6: Nexus shown for search of building; 9300 pills had to be kept somewhere before they got in the vehicle"},"content":{"rendered":"<p>Nexus was shown for the search warrant of defendant\u2019s car for ecstasy pills.  Investigation showed that 9,500 pills were being trafficked in defendant\u2019s car, and it was common for drug traffickers to keep stuff in their house. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/10a0050n-06.pdf\">United States v. Khami<\/a>, 362 Fed. Appx. 501, 2010 FED App. 0050N (6th Cir. 2010) (unpublished).*<\/p>\n<p>A witness saw defendant get into a fight and heard gunshots, and she called the police.  This was reasonable suspicion for defendant\u2019s stop.  <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/092245p.pdf\">United States v. Johnson<\/a>, 592 F.3d 442 (3d Cir. 2010).*<\/p>\n<p>While the search of defendant\u2019s car \u201cwas not justified as a search incident to arrest under Gant,\u201d it was valid as an automobile search. United States v. Cooper, 2009 U.S. Dist. LEXIS 123984 (W.D. La. October 15, 2009).*<\/p>\n<p>Whether defendant\u2019s registration of his vehicle was valid was a question of fact about which the officer was likely mistaken, such that good faith would not apply.  However, he was speeding, and that justified the stop.  United States v. Reyes, 2009 U.S. Dist. LEXIS 123989 (W.D. La. February 25, 2009).*<\/p>\n<p>Court considers good faith exception first, probable cause second in evaluating the validity of a search warrant.  The court finds that an open barnlike structure that was before the living area was not a part of the curtilage. Defendant\u2019s argument that the doors were left open for weeks because of hurricane damage supports the lack of curtilage.  United States v. Cooke, 2010 U.S. Dist. LEXIS 6287 (S.D. Tex. January 27, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3781\">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-3781","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3781","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=3781"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3781\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3781"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3781"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3781"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}