{"id":4734,"date":"2011-07-10T16:53:31","date_gmt":"2010-10-05T04:44:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-05T04:44:43","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4734","title":{"rendered":"UT: While arrest for no insurance violated state law, it was valid under the Fourth Amendment; SI of person valid"},"content":{"rendered":"<p>Defendant was arrested for driving without insurance, and the arrest violated state law because it was not in the \u201cpresence\u201d of the officer. The arrest was valid under the Fourth Amendment, however, under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=154425333377171560&amp;q=virginia+v.+moore&amp;hl=en&amp;as_sdt=1002\">Virginia v. Moore<\/a>. The search incident of defendant\u2019s person was valid. <a href=\"http:\/\/www.utcourts.gov\/opinions\/supopin\/Harker092810.pdf\">State v. Harker<\/a>, 2010 UT 56, 240 P.3d 780, 666 Utah Adv. Rep. 11 (2010).*<\/p>\n<p>Reasonable suspicion found for a dog sniff where defendant had an Arizona driver\u2019s license but the vehicle bore Iowa plates, where: the truck was registered to a third party, neither defendant nor his passenger knew the owner\u2019s name despite being in the middle of an extended journey from Arizona to an unknown location in Iowa, neither could identify their destination other than \u201cIowa,\u201d defendant never provided evidence that he was authorized to drive the car, and defendant did not know the last name of his passenger. People v. Garcia, 251 P.3d 1152 (Colo. 2010).*<\/p>\n<p>In this child pornography search, officers had a search warrant based on defendant\u2019s computer coming up via IP address as sharing via Limewire. They came to the house in what appears to be a knock and talk and defendant consented to a search of his computer and essentially everything the state needed to know. They then presented him with a search warrant for it. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=40303\">State v. Tremaine<\/a>, 315 S.W.3d 769 (Mo. App. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4734\">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-4734","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4734","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=4734"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4734\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4734"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}