{"id":4656,"date":"2011-03-01T07:36:30","date_gmt":"2010-09-14T01:22:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-14T01:22:43","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4656","title":{"rendered":"CA4: &#8220;All persons&#8221; clause in search warrant had basis, and was at least saved by GFE"},"content":{"rendered":"<p>An \u201call persons\u201d on the premises clause in the search warrant did not make it unreasonable, and the good faith exception would save it anyway. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/094758.U.pdf\">United States v. Hicks<\/a>, 395 Fed. Appx. 80 (4th Cir. 2010).*<\/p>\n<p>Defendant clearly consented to the search of his computer for child pornography after he was told he did not have to consent. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2010\/09\/10\/09-30430.pdf\">United States v. Murinko<\/a>, 2010 U.S. App. LEXIS 18979 (9th Cir. September 10, 2010) (unpublished).*<\/p>\n<p>Cocaine found in the defendant\u2019s car was in plain view and two officers saw it differently, but that did not make them unreliable. What was found on his person was thus the product of a search incident. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/094454.U.pdf\">United States v. Shakur<\/a>, 394 Fed. Appx. 974 (4th Cir. 2010) (unpublished).*<\/p>\n<p>Gant was decided after defendant&#8217;s conviction and before he was sentenced. He could not benefit from Gant because he did not have standing in the car that was subjected to the search incident. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/095056.U.pdf\">United States v. Ferguson<\/a>, 395 Fed. Appx. 77 (4th Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4656\">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-4656","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4656","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=4656"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4656\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4656"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4656"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4656"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}