{"id":4175,"date":"2010-11-29T07:40:07","date_gmt":"2010-05-15T10:18:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-15T10:18:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4175","title":{"rendered":"TX2: Automobile exception applies to boat on the water"},"content":{"rendered":"<p>Game wardens approached a boat on Lake Lewisville TX to conduct a safety check because it had improper lighting. They smelled and observed smoking of marijuana on the boat, and they conducted a search of the boat\u2019s glove compartment and defendant\u2019s wallet for marijuana. The search of the wallet was valid because it was a place where marijuana could be hidden for purposes of the automobile exception, which applies to boats on water. <a href=\"http:\/\/www.2ndcoa.courts.state.tx.us\/opinions\/HTMLopinion.asp?OpinionID=21362\">Dahlem v. State<\/a>, 322 S.W.3d 685 (Tex. App. \u2014 Ft. Worth 2010).<\/p>\n<p>A truant officer saw a car parked in a handicapped spot without a placard or proper plate and the windows were fogged up. He parked behind the car and talked to the occupants, who were stoned. The driver had been \u201ctweaking.\u201d He asked for their names and ran them. An outstanding warrant came back. The stop was with reasonable suspicion. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/38540-6.10.doc.pdf\">State v. Johnson<\/a>, 156 Wn. App. 82, 231 P.3d 225 (2010).*<\/p>\n<p>The search warrant, that this judge signed in the first place, adequately shows probable cause under Gates. United States v. Williams, 2010 U.S. Dist. LEXIS 46283 (E.D. Wis. January 27, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4175\">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-4175","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4175","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=4175"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4175\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4175"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4175"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4175"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}