{"id":43142,"date":"2020-03-24T17:45:53","date_gmt":"2020-03-24T22:45:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43142"},"modified":"2020-03-25T08:15:33","modified_gmt":"2020-03-25T13:15:33","slug":"ct-that-pc-is-less-than-a-preponderance-is-well-established-on-constitutional-court-declines-to-adopt-preponderance-standard-here","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43142","title":{"rendered":"CT: That PC is less than a preponderance is well established in constitutional law; court declines to adopt preponderance standard here"},"content":{"rendered":"\n<p>Officers had probable cause defendant possessed child pornography on his computer from his roommate\u2019s seeing him look at two pictures in succession of nude children. The longstanding principle is that probable cause is less than a preponderance, and the court declines to find either that there is a constitutional right to a preponderance standard or that a preponderance standard should be adopted under state constitutional law. <a href=\"https:\/\/www.jud.ct.gov\/\/external\/supapp\/Cases\/AROcr\/CR335\/335CR16.pdf\">State v. Sawyer<\/a>, 2020 Conn. LEXIS 78 (Mar. 24, 2020).<br \/><\/p>\n\n\n\n<p>Defendant consented to the entry of 8-10 officers into his house to read him an order suspension of his handgun permit. He consented to a search for the weapons, and one was regulated under the National Firearms Registration and Transfer Record and he had no federal license for it. The consent was voluntary. United States v. Elmowsky, 2020 U.S. Dist. LEXIS 48186 (S.D. N.Y. Mar. 19, 2020.*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had probable cause defendant possessed child pornography on his computer from his roommate\u2019s seeing him look at two pictures in succession of nude children. The longstanding principle is that probable cause is less than a preponderance, and the court &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43142\">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":[66,24],"tags":[],"class_list":["post-43142","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-consent"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43142","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=43142"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43142\/revisions"}],"predecessor-version":[{"id":43144,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43142\/revisions\/43144"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43142"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43142"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43142"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}