{"id":5180,"date":"2011-10-03T09:06:24","date_gmt":"2011-02-11T00:02:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-10T11:42:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5180","title":{"rendered":"CA9: AF base Col. had substantial basis under Gates<\/em> for issuing military search warrant"},"content":{"rendered":"

Defendant lived on Edwards Air Force Base, and military police officers went to his house to check on his kids when they didn\u2019t show up on a train for their mom to pick up. They found he was in the Phillippines, and left a note that a friend was taking care of the kids. They noticed 12 computers in the house, and it was in general disarray. They asked for consent to seize and search the computers, which the friend gave. Defendant found out about it and revoked consent before the search could occur. The Colonel in charge of the base authorized a military search warrant, and a civilian judge did too. While the issue was not super clear, granting Gates-deference to the Colonel, the military search warrant issuing authority, the search warrant was issued on probable cause. [The court also suggests in dicta that there was implied consent from being on a military base, but this paragraph is meaningless and wrong because case law is absolutely clear that a service member has a reasonable expectation of privacy in living quarters, especially a house.] United States v. Krupa<\/a>, 633 F.3d 1148 (9th Cir. 2011).* <\/p>\n

Officers who did not immediately release plaintiff who tested .034 on a BAC test were entitled to qualified immunity. It is not clearly established that the police had to immediately release him. Festa v. Santa Rosa County<\/a>, 413 Fed. Appx. 182 (11th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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