{"id":4063,"date":"2010-05-18T23:09:42","date_gmt":"2010-04-15T00:37:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-14T22:57:29","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4063","title":{"rendered":"RI: Thermal imaging warrant was not stale and was issued with PC"},"content":{"rendered":"<p>The thermal imaging warrant in this case was issued with probable cause based on a tip that defendant had an indoor grow operation. All the information was not stale because the tip corroborated other information that made the activity continuing and entrenched. The search warrant was based on the product of the thermal imaging, and it was valid, too. <a href=\"http:\/\/www.courts.state.ri.us\/superior\/pdf\/09-0305.pdf\">State v. Barton<\/a>, 2010 R.I. Super. LEXIS 62 (April 7, 2010).*<\/p>\n<p>The dog sniff in this case was within five minutes of the stop, and it was based on reasonable suspicion from the defendant\u2019s heaving breathing and excessive nervousness, not making eye contact, and suspicious travel story. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/10\/04\/092349P.pdf\">United States v. Mohamed<\/a>, 600 F.3d 1000 (8th Cir. 2010).*<\/p>\n<p>Defendant was found to be an overnight guest where he answered the police knock at the door in his shorts and a t-shirt, having just woke up. The police gained entry because they were checking on the welfare of one of the occupants, and they were let in. What was seen in plain view could be seized. United States v. Rodriguez, 2010 U.S. Dist. LEXIS 35698 (M.D. Pa. April 12, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4063\">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-4063","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4063","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=4063"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4063\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4063"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4063"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}