{"id":5145,"date":"2011-07-10T09:28:16","date_gmt":"2011-02-01T07:30:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-01T07:30:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5145","title":{"rendered":"AK: Officer’s misrepresentation as to duty to provide blood or urine sample was purged by defendant talking to counsel before consenting"},"content":{"rendered":"

Defendant was involved in an accident where a pedestrian was hit by his car. While the officer misrepresented his basis for taking a blood or urine sample, defendant\u2019s talking with a lawyer dissipated the taint. Anderson v. State<\/a>, 246 P.3d 930 (Alaska App. 2011).*<\/p>\n

Habeas appellant\u2019s uncertified (non-COAed) Fourth Amendment claim was not reached. Stanley v. Cullen<\/a>, 633 F.3d 852 (9th Cir. 2011)*:\t\t<\/p>\n

We decline to certify Stanley\u2019s uncertified claim that he was denied a \u201cfull and fair\u201d opportunity to litigate his Fourth Amendment search and seizure claims during the pretrial phase of his trial. See Stone v. Powell, 428 U.S. 465 (1976). Stanley has not made a substantial showing of the denial of a constitutional right in that claim. 28 U.S.C. \u00a7 2253(c)(2).\n<\/p><\/blockquote>\n

Not raising a Franks challenge until the post-suppression hearing brief was a waiver of the issue. United States v. Vazquez<\/a>, 406 Fed. Appx. 430 (11th Cir. 2010) (unpublished).*<\/p>\n

While executing an animal welfare warrant, officers saw a list or URLs indicating possible child pornography, so another search warrant was sought for that. [The legality of the warrant was not an issue in this opinion.] United States v. Clark, 762 F. Supp. 2d 203 (D.Me. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-5145","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5145","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=5145"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5145\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5145"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5145"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5145"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}