{"id":43750,"date":"2020-05-14T09:11:51","date_gmt":"2020-05-14T14:11:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43750"},"modified":"2020-05-14T09:13:09","modified_gmt":"2020-05-14T14:13:09","slug":"la1-claim-probation-violation-warrant-lacked-justification-that-led-to-search-incident-has-to-be-argued-on-appeal","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43750","title":{"rendered":"LA1: Claim probation violation warrant lacked justification that led to search incident has to be argued on appeal"},"content":{"rendered":"\n<p>Defendant claimed his probation violation arrest warrant was defective and then argued the search incident to his arrest was thus invalid. On appeal, he doesn\u2019t argue the validity of the arrest warrant, so the argument is waived. <a href=\"https:\/\/www.la-fcca.org\/opiniongrid\/opinionpdf\/2019%20KA%201207%20Decision%20Appeal.pdf\">State v. Anglin<\/a>, 2020 La. App. LEXIS 683 (La. App. 1 Cir. May 11, 2020).<\/p>\n\n\n\n<p>\u201cThe fact that Edwards was not named in the search warrant for 803 Slate Lick Road does not provide a basis for challenging the search. \u2026 \u2018[S]earch warrants are not directed at persons; they authorize the search of place[s] and the seizure of things, and as a constitutional matter they need not even name the person from whom the things will be seized.\u2019 \u2026\u201d There was probable cause for his arrest for a felony, and an arrest warrant wasn\u2019t required. United States v. Edwards, 2020 U.S. App. LEXIS 15216 (6th Cir. May 12, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant claimed his probation violation arrest warrant was defective and then argued the search incident to his arrest was thus invalid. On appeal, he doesn\u2019t argue the validity of the arrest warrant, so the argument is waived. State v. Anglin, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43750\">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":[26,96,16],"tags":[],"class_list":["post-43750","post","type-post","status-publish","format-standard","hentry","category-search-incident","category-standards-of-review","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43750","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=43750"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43750\/revisions"}],"predecessor-version":[{"id":43751,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43750\/revisions\/43751"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43750"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}