{"id":4668,"date":"2011-01-11T12:16:54","date_gmt":"2010-09-16T05:54:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-16T05:54:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4668","title":{"rendered":"IN: Unaccounted-for gun did not justify a \u201ccommunity care taking\u201d entry"},"content":{"rendered":"<p>The fact a gun was unaccounted for was not sufficient for a \u201ccommunity care taking\u201d entry of defendant\u2019s house on only a possible ordinance violation. <a href=\"http:\/\/www.state.in.us\/judiciary\/opinions\/pdf\/09101002tac.pdf\">Trotter v. State<\/a>, 933 N.E.2d 572 (Ind. App. 2010).*<\/p>\n<p>Defendant waived any particularity issue because it was not raised until the trial was underway. Three years passed between the search and the original denial of the motion. \u201c[N]o good cause exists for the failure to raise the issue of the warrant\u2019s particularity.\u201d Even on the merits, defendant would lose because there was no way the officers would know there was a <a href=\"http:\/\/scholar.google.com\/scholar_case?case=6951593179907096272&amp;q=maryland+v.+garrison&amp;hl=en&amp;as_sdt=1002\">Garrison<\/a>-type problem with the location until they got there, and it is not apparent that there was. \u201cThe Court believes Trooper Thompson acted reasonably and that he was not confronted with a multi-unit building.\u201d United States v. Kaplan, 2010 U.S. Dist. LEXIS 94987 (E.D. Pa. September 13, 2010).*<\/p>\n<p>USMJ finds that the police justification for the stop of defendant\u2019s tractor trailer was not based on \u201cdefective equipment\u201d since nobody could say what that was. They all admitted the DEA wanted the truck stopped. United States v. Moore, 2010 U.S. Dist. LEXIS 95047 (E.D. Mich. July 14, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4668\">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-4668","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4668","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=4668"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4668\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4668"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4668"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4668"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}