{"id":3888,"date":"2010-05-18T23:13:09","date_gmt":"2010-02-23T06:46:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-23T06:46:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3888","title":{"rendered":"TX2: Defendant allowed third party to deal with fire scene, so that person could consent"},"content":{"rendered":"<p>A third party ceded virtual control over a house damaged in a fire where defendant\u2019s husband died in an alleged arson had the authority to consent to fire scene investigators entering to take pictures to determine the cause of the fire. Defendant practically abandoned the property because she did not want to be around it, and she let the third party deal with it.  <a href=\"http:\/\/www.2ndcoa.courts.state.tx.us\/opinions\/HTMLopinion.asp?OpinionID=21152\">Orr v. State<\/a>, 306 S.W.3d 380 (Tex. App. \u2013 Ft. Worth 2010).<\/p>\n<p>Defendant admitted that the gun used in a series of robberies was in his car, and he signed a consent form to search the car. The court rejects his version that he did not know it was a consent form he was signing.  [As if probable cause wasn\u2019t enough?]  United States v. Medrano, 2010 U.S. Dist. LEXIS 14495 (S.D. Fla. January 17, 2010).*<\/p>\n<p>Defendant\u2019s interaction with the officer after his traffic stop and warning ticket was consensual. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2010\/3rdDistrict\/February\/3050420.pdf\">People v. Roa<\/a>, 2010 Ill. App. LEXIS 108 (February 10, 2010).*<\/p>\n<p>The propriety of an inventory has to be challenged in the trial court to be able to appeal on that issue.  Therefore, it was waived. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/11\/2010\/2010-ohio-589.pdf\">State v. Hobbs<\/a>, 2010 Ohio 589, 2010 Ohio App. LEXIS 495 (11th Dist. February 19, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3888\">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-3888","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3888","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=3888"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3888\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3888"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3888"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3888"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}