{"id":47365,"date":"2021-02-20T11:28:12","date_gmt":"2021-02-20T16:28:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47365"},"modified":"2021-02-20T18:11:13","modified_gmt":"2021-02-20T23:11:13","slug":"ia-reasonable-inference-owner-of-car-was-driving-where-owner-had-a-suspended-dl","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=47365","title":{"rendered":"IA: Reasonable inference owner of car was driving where owner had a suspended DL"},"content":{"rendered":"\n<p>It was a reasonable inference that the owner of a vehicle with a suspended license was driving when the vehicle was seen because the officer\u2019s experience [and commonsense by now] shows that persons with suspended licenses continue to drive. That was reasonable suspicion. <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/10807\/embed\/SupremeCourtOpinion\">State v. Struve<\/a>, 2021 Iowa Sup. LEXIS 13 (Feb. 19, 2021).<\/p>\n\n\n\n<p>Reiterating in dicta (n.16) that a trial judge\u2019s recusal from a motion to suppress is not required just because the judge issues a search warrant. Past familiarity with a case is often a good thing. <a href=\"http:\/\/opinions.kycourts.net\/sc\/2018-SC-0577-DG.pdf\">Abbott, Inc. v. Guirguis<\/a>, 2021 Ky. LEXIS 19 (Feb. 18, 2021).*<\/p>\n\n\n\n<p>\u201cEven if we consider Wright&#8217;s challenge to prison strip searches as arising under the Eighth Amendment, rather than the Fourth Amendment, he failed to state a claim upon which relief could be granted.\u201d <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/207428.U.pdf\">Wright v. Rich<\/a>, 2021 U.S. App. LEXIS 4889 (4th Cir. Feb. 19, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was a reasonable inference that the owner of a vehicle with a suspended license was driving when the vehicle was seen because the officer\u2019s experience [and commonsense by now] shows that persons with suspended licenses continue to drive. That &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=47365\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6,113,35],"tags":[],"class_list":["post-47365","post","type-post","status-publish","format-standard","hentry","category-motion-to-suppress","category-prison-and-jail-searches","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47365","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=47365"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47365\/revisions"}],"predecessor-version":[{"id":47378,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47365\/revisions\/47378"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47365"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}