{"id":4645,"date":"2011-01-11T16:19:22","date_gmt":"2010-09-11T08:00:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-11T08:00:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4645","title":{"rendered":"MT: Furtive movements led to a probation search of car"},"content":{"rendered":"<p>The record showed that defendant\u2019s furtive movements in the car were reasonable suspicion and the defendant was on probation, so the officer was able to conduct a probation search on that reasonable suspicion. <a href=\"http:\/\/fnweb1.isd.doa.state.mt.us\/idmws\/docContent.dll?Library=CISDOCSVR01^doaisd510&amp;ID=003836282\">State v. Charlie<\/a>, 2010 MT 195, 357 Mont. 355, 239 P.3d 934 (2010).*<\/p>\n<p>The defendant was stopped because \u201che had committed a plethora of traffic violations, which included his operation of the vehicle without insurance.\u201d His furtive movements in the car made the officer direct him out of the car, and she asked him for consent to search his person, which he voluntarily gave. Meth was found. <a href=\"http:\/\/www.7thcoa.courts.state.tx.us\/opinions\/HTMLopinion.asp?OpinionID=14109\">Delijevic v. State<\/a>, 323 S.W.3d 606 (Tex. App. \u2013 Amarillo September 7, 2010).*<\/p>\n<p>Defendant did not dispute the government\u2019s factual assertions in its response to his motion so a hearing is denied. Otherwise, defendant lacked standing, and the search warrant was issued with probable cause and the good faith exception applied. United States v. Barragan, 2010 U.S. Dist. LEXIS 93530 (W.D. Pa. April 23, 2010), adopted 2010 U.S. Dist. LEXIS 93533 (W.D. Pa. August 10, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4645\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4645","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4645","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4645"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4645\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4645"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4645"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4645"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}