{"id":5077,"date":"2012-04-03T09:52:50","date_gmt":"2011-01-12T07:35:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-12T07:35:34","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5077","title":{"rendered":"CA9: DUI justifies SI under Gant<\/em>"},"content":{"rendered":"

DUI arrest justifies a search incident of the passenger compartment under Gant<\/a> because there is reason to believe that evidence of the crime may be found there, and such a search is not limited to a paper bag found in there. United States v. Grote<\/a>, 408 Fed. Appx. 90 (9th Cir. 2011), cert. denied 2011 U.S. LEXIS 3373 (U.S., May 2, 2011).<\/p>\n

While Samson v. California<\/a> permits suspicionless searches of parolees, the Ninth Circuit has not determined whether it applies to probationers, and it probably won\u2019t. Because there was reasonable suspicion anyway, the issue does not have to be decided. United States v. King, 2011 U.S. Dist. LEXIS 1725 (N.D. Cal. January 3, 2011).*<\/p>\n

There was probable cause for issuance of the search warrants in this case, and, even if not, the good faith exception made the search good. United States v. Van Bui, 2010 U.S. Dist. LEXIS 139208 (D. Minn. December 27, 2010).*<\/p>\n

Defendant\u2019s consent after being Mirandized was valid. The seizure of his cell phone in plain view was valid [the court does not indicate whether the phone was searched, too; presumably it was or it wouldn’t be talking about it]. United States v. Molina, 2010 U.S. Dist. LEXIS 139298 (S.D. Fla. December 20, 2010).*<\/p>\n

The search warrant in this case was based solely on information from the complainant to the state securities department, and the product of the administrative subpoena did not make it into the search warrant application. The case is remanded to the trial court, however, because the trial court did not make a finding on the motivation prong of Murray<\/a>, the case is remanded. State v. Miles<\/a>, 159 Wn. App. 282, 244 P.3d 1030 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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