{"id":3903,"date":"2010-05-18T23:05:45","date_gmt":"2010-02-28T00:09:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-27T13:21:14","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3903","title":{"rendered":"IN: Fire scene search violated state constitution; fireman trained in meth lab detection invited officer in"},"content":{"rendered":"<p>Officers invited into the scene of a fire, minutes after it was put out, because one firefighter was trained in meth lab detection and reported an apparent meth lab to the police, violated the Indiana constitution.  <a href=\"http:\/\/www.state.in.us\/judiciary\/opinions\/pdf\/02231002ewn.pdf\">State v. Peters<\/a>, 921 N.E.2d 861 (Ind. App. 2010).*<\/p>\n<p>Police officers saw a vehicle recently involved in an armed robbery and suspected of being involved in others. Officers surrounded the house, and took a man outside. Defendant\u2019s wife then consented to a search. The search was not subject to suppression because he was not removed to avoid his consent. Burke v. State, 302 Ga. App. 469 (2010).*<\/p>\n<p>Minor deviation from departmental policy on conducting roadblocks did not make the roadblock unreasonable.  The part not adhered to was for the safety of the officers. <a href=\"http:\/\/www.mssc.state.ms.us\/Images\/Opinions\/CO61556.pdf\">Field v. State<\/a>, 28 So. 3d 697 (Miss. App. 2010).<\/p>\n<p>Hand-to-hand transaction between a passenger in a car and a person who walked up to it was reasonable suspicion. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=37116\">State v. Long<\/a>, 303 S.W.3d 198 (Mo. App. 2010).*<\/p>\n<p>Defense counsel could not be ineffective for not filing a meritless motion to suppress. It was litigated on another ground and lost, and defendant argued that another ground would have worked, but it wouldn\u2019t.  <a href=\"http:\/\/www.pacourts.us\/OpPosting\/Superior\/out\/s42034_09.pdf\">Commonwealth v. Franklin<\/a>, 2010 PA Super 24, 990 A.2d 795 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3903\">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-3903","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3903","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=3903"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3903\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3903"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3903"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3903"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}