{"id":41148,"date":"2019-12-13T05:59:10","date_gmt":"2019-12-13T10:59:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41148"},"modified":"2019-12-13T13:46:00","modified_gmt":"2019-12-13T18:46:00","slug":"ca9-there-was-pc-for-the-warrant-for-the-premises-and-officers-were-not-unreasonable-in-continuing-the-search-for-a-hour-when-they-leared-their-target-didnt-live-there","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41148","title":{"rendered":"CA9: There was PC for the warrant for the premises, and officers were not unreasonable in continuing the search for an hour when they learned their target didn&#8217;t live there"},"content":{"rendered":"<p>Officers got a search warrant for a mobile home, and found out when they executed it that their target didn\u2019t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. The officers did not violate the Fourth Amendment by continuing the search after they learned the target didn\u2019t live there because the search warrant was directed at a place, not really a person [but that&#8217;s part of the probable cause]. Also, plaintiff\u2019s one-hour detention at her age (74) was not unreasonable. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2019\/12\/11\/17-17334.pdf\">Blight v. City of Manteca<\/a>, 2019 U.S. App. LEXIS 36636 (9th Cir. Dec. 11, 2019).<\/p>\n<p>The merits of the validity of the search warrant isn\u2019t determined because the challenged and  questionable information can be removed from the affidavit and the affidavit retested. Doing so, there still is probable cause, and the motion to suppress is denied. <a href=\"https:\/\/appecm.mt.gov\/PerceptiveJUDSupremeCourt\/APP\/connector\/1\/221\/url\/321Z3DB_0KTL57TL8000006.pdf\">State v. Burchill<\/a>, 2019 MT 285,  2019 Mont. LEXIS 1147 (Dec. 10, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers got a search warrant for a mobile home, and found out when they executed it that their target didn\u2019t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=41148\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[44,20,16],"tags":[],"class_list":["post-41148","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-probable-cause","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41148","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=41148"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41148\/revisions"}],"predecessor-version":[{"id":41157,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41148\/revisions\/41157"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41148"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}