{"id":5006,"date":"2011-03-31T23:44:22","date_gmt":"2010-12-21T00:36:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-20T11:49:01","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5006","title":{"rendered":"OH2: Arrest for unlicensed pit bull found at a knock and talk did not justify warrantless entry"},"content":{"rendered":"<p>Police got a tip through a school counselor that a seven year old reported marijuana where he lived. They came for a knock and talk, and arrested the defendant for an uninsured pit bull. That did not justify a warrentless entry into the house. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2010\/2010-ohio-6105.pdf\">State v. McGuire<\/a>, 2010 Ohio 6105, 2010 Ohio App. LEXIS 5145 (2d Dist. December 10, 2010).*<\/p>\n<p>The fact that the officer did not tell the search warrant\u2019s issuing magistrate that the CI was paid was not material under Franks, considering the detail. <a href=\"http:\/\/www.la4th.org\/pdf\/20100933OP%201..pdf\">State v. Williams<\/a>, 53 So. 3d 669 (4th Cir. 2010).*<\/p>\n<p>Odd travel plans with a rented car going 1000 miles each way in 48 hours was enough to ask questions, resulting in conflicting stories about travel plans. Defendant\u2019s mother was his passenger and he said she rode with him, but she said he drove to pick her up. He was excessively nervous. That was reasonable suspicion for a longer detention. United States v. Shelby, 2010 U.S. Dist. LEXIS 132064 (E.D. Tex. November 23, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5006\">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-5006","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5006","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=5006"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5006\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5006"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}