{"id":3886,"date":"2010-12-29T08:11:08","date_gmt":"2010-02-23T06:18:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-23T06:18:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3886","title":{"rendered":"E.D.Cal.: Person who missed a turn and drove up to the gate of a military base could be asked for DL"},"content":{"rendered":"<p>Defendant missed a turn and ended up at the main gate of a military base, and she stopped and asked for directions. She was asked to move over to the side and for her DL which was run and produced an outstanding arrest warrant. Her car was searched incident to arrest, and morphine was found in her purse. By stopping at the main gate, even by accident, she was on military property and subject to their control.  United States v. Collins, 2010 U.S. Dist. LEXIS 14841 (E.D. Cal. January 29, 2010).<\/p>\n<p>The police had probable cause to believe that the black duffle bag in defendant&#8217;s possession and car was full of cocaine because they had surveilled other similar drug movements.  The search of his house occurred after he was arrested outside and detained there for safety reasons. His wife\u2019s consent to search was valid, and it cannot be shown that he was arrested and detained to prevent him from consenting.  <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2010\/02\/19\/09-10039.pdf\">United States v. De La Rosa<\/a>, 366 Fed. Appx. 757 (9th Cir. 2010) (unpublished).*<\/p>\n<p>There was plenty of probable cause for defendant\u2019s arrest based on his conduct. This is hardly guilt by association. United States v. Sotelo, 2010 U.S. Dist. LEXIS 14441 (D. Minn. February 18, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3886\">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-3886","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3886","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=3886"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3886\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3886"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3886"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3886"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}