{"id":48357,"date":"2021-05-08T08:46:53","date_gmt":"2021-05-08T13:46:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48357"},"modified":"2021-05-08T15:34:30","modified_gmt":"2021-05-08T20:34:30","slug":"cal-6-fire-capts-search-of-cabinet-of-backyard-shed-unrelated-to-house-fire-wasnt-part-of-the-exigency-of-the-fire","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=48357","title":{"rendered":"Cal.6: Fire capt’s search of cabinet of backyard shed unrelated to house fire wasn’t part of the exigency of the fire"},"content":{"rendered":"\n

A fire department captain in Santa Clara County searched a cabinet in a shed behind defendant\u2019s house. The fire department was called to a house fire. He was looking for the source of smoke, and it wasn\u2019t readily apparent the shed was the source of anything connected to the house fire. Unusual chemicals were there, and the police were called to the scene. There was no exigency for searching the cabinet in the shed in relation to the house fire. People v. Nunes<\/a>, 2021 Cal. App. LEXIS 386 (6th Dist. May 6, 2021).<\/p>\n\n\n\n

Defendant\u2019s alleged window tint violation was enough for a stop, and the justification wasn\u2019t contradicted by the defense. United States v. Cherisme<\/a>, 2021 U.S. App. LEXIS 13500 (3d Cir. May 6, 2021).*<\/p>\n\n\n\n

Even a lay person can give a lay opinion as to vehicle speed, so the question is what weight it is given. Thus, the trial court didn\u2019t err in giving weight to the officer\u2019s opinion defendant was speeding for reasonable suspicion for a stop. Yoda v. State<\/a>, 2021 Tex. App. LEXIS 3526 (Tex. App. \u2013 Eastland May 6, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A fire department captain in Santa Clara County searched a cabinet in a shed behind defendant\u2019s house. The fire department was called to a house fire. He was looking for the source of smoke, and it wasn\u2019t readily apparent the … Continue reading →<\/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":[35],"tags":[],"class_list":["post-48357","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48357","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=48357"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48357\/revisions"}],"predecessor-version":[{"id":48374,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48357\/revisions\/48374"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48357"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48357"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48357"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}