{"id":43492,"date":"2020-05-01T12:34:48","date_gmt":"2020-05-01T17:34:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43492"},"modified":"2020-05-01T12:34:48","modified_gmt":"2020-05-01T17:34:48","slug":"fl2-search-incident-of-backpack-for-being-in-park-after-hours-invalid","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43492","title":{"rendered":"FL2: Search incident of backpack for being in park after hours invalid"},"content":{"rendered":"\n<p>Defendant was stopped for sitting in a park with his bicycle after hours, a violation of a county ordinance. The search incident of his backpack for this offense violated the Florida Constitution. <a href=\"https:\/\/www.2dca.org\/pre_opinion_content_download\/634499\">Booker v. State<\/a>, 2020 Fla. App. LEXIS 5718 (Fla. 2d DCA Apr. 29, 2020).<\/p>\n\n\n\n<p>Bail pending appeal is denied. Defendant\u2019s Franks challenge was untimely and it was deficient on the merits. There is no likelihood of success on appeal. United States v. O&#8217;Neal, 2020 U.S. Dist. LEXIS 75291 (D. Me. Apr. 29, 2020).<\/p>\n\n\n\n<p>Defendant\u2019s arrest for urinating against a building was valid despite his claim that it could not be indecent exposure because his genitals were not exposed to others. United States v. Loyd, 2020 U.S. Dist. LEXIS 74480 (W.D. N.Y. Apr. 28, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for sitting in a park with his bicycle after hours, a violation of a county ordinance. The search incident of his backpack for this offense violated the Florida Constitution. Booker v. State, 2020 Fla. App. LEXIS 5718 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43492\">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":[50,21,26],"tags":[],"class_list":["post-43492","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-franks-doctrine","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43492","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=43492"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43492\/revisions"}],"predecessor-version":[{"id":43493,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43492\/revisions\/43493"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43492"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43492"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43492"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}