{"id":42407,"date":"2020-02-16T11:08:04","date_gmt":"2020-02-16T16:08:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42407"},"modified":"2020-02-16T11:08:56","modified_gmt":"2020-02-16T16:08:56","slug":"ny2-when-theres-a-request-to-search-a-car-by-consent-producing-and-handing-over-car-keys-and-telling-officer-where-it-is-is-consent","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=42407","title":{"rendered":"NY2: When there&#8217;s a request to search a car by consent, producing and handing over car keys and telling officer where it is is consent"},"content":{"rendered":"<p>Police were called to a hotel because a man with a gun was banging it on the door of a room. When the arresting officer arrived, there were already four officers there. Defendant was described by the occupants as always having a gun. The officer asked defendant if he could search his car, and defendant produced the keys and said it was the Mustang out front. The search was by consent. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2020\/2020_01092.htm\">People v Wright-Hale<\/a>, 2020 NY Slip Op 01092, 2020 N.Y. App. Div. LEXIS 1073 (2d Dept. Feb. 13, 2020).<\/p>\n<p>The affidavit for the search warrant was 22 pages long and outlined the ATF investigation into defendant\u2019s possession of weapons and showed a straw purchaser for him. United States v. Williams, 2020 U.S. Dist. LEXIS 24676 (W.D. N.Y. Jan. 23, 2020).*<\/p>\n<p>The smell of marijuana is probable cause for a full search of the car. United States v. Crosby, 2020 U.S. Dist. LEXIS 24103 (W.D. La. Jan. 13, 2020),* adopted, 2020 U.S. Dist. LEXIS 22894 (W.D. La. Feb. 7, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police were called to a hotel because a man with a gun was banging it on the door of a room. When the arresting officer arrived, there were already four officers there. Defendant was described by the occupants as always &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=42407\">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":[24,20],"tags":[],"class_list":["post-42407","post","type-post","status-publish","format-standard","hentry","category-consent","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42407","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=42407"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42407\/revisions"}],"predecessor-version":[{"id":42410,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42407\/revisions\/42410"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42407"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}