{"id":4577,"date":"2012-05-10T18:45:38","date_gmt":"2010-08-24T06:33:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-24T06:33:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4577","title":{"rendered":"ND: State statute created no REP in bank records against a mere subpoena"},"content":{"rendered":"

Defendant was charged with worker\u2019s compensation fraud after bank records were subpoenaed to the administrative hearing. State statute did not create a reasonable expectation of privacy from a subpoena instead of a search warrant issued by a neutral and detached magistrate. State v. Hammer<\/a>, 2010 ND 152, 787 N.W.2d 716 (2010).<\/p>\n

In a traffic stop, defendant had both hands out the window as the officer approached, and there was a gun on the dashboard. The officer did not have to consider the situation safe and could frisk the car for more weapons. State v. King<\/a>, 206 N.C. App. 585, 696 S.E.2d 913 (2010).*<\/p>\n

Defendant was stopped on a citizen informant\u2019s tip, and they are sufficient in themselves to create reasonable suspicion. Hadley v. State<\/a>, 2010 Fla. App. LEXIS 12184 (Fla. 3DCA August 18, 2010).*<\/p>\n

The issue of the duration of the stop making it unreasonable was not litigated in the trial court, so it was waived. State v. Hudson<\/a>, 206 N.C. App. 482, 696 S.E.2d 577 (2010).*<\/p>\n

Officers had repeated drug complaints at defendant\u2019s apartment, and they came to do a knock and talk. The person answering the door let the officer in, but it was quickly determined that she was only a visitor. Before he could ask for consent, the officer heard others, so he walked further in to see who he was dealing with, described as a protective sweep, and he saw drug paraphernalia at defendant\u2019s feet, which were propped up on a table. The officer\u2019s search of defendant was justified, and it produced a Dilaudid tablet. State v. Kinsell<\/a>, 2010 Ohio 3854, 2010 Ohio App. LEXIS 3254 (9th Dist. August 18, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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