{"id":5208,"date":"2011-10-07T17:13:14","date_gmt":"2011-02-18T12:38:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-18T12:38:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5208","title":{"rendered":"CA10: Stop produced arrest warrant, and that justified search of the car, no matter what"},"content":{"rendered":"<p>Defendant was stopped for a traffic offense, and he was found to have an arrest warrant outstanding. He was arrested. The officer said that defendant had a baggie of drugs hanging out of his waistband, but defendant said it was hidden under his genitals and the search was too intensive. It didn\u2019t matter because he was validly arrested, and it would have been found anyway. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/09\/09-3336.pdf\">United States v. Derrick<\/a>, 412 Fed. Appx. 177 (10th Cir. 2011) (unpublished), cert. denied, 180 L. Ed. 2d 835, 2011 U.S. LEXIS 4439 (U.S., June 13, 2011).*<\/p>\n<p>The officer had reasonable suspicion defendant\u2019s truck had contraband, so the use of the dog was valid, and the search of the truck was valid at the least by inevitable discovery. United States v. Harrelson, 2010 U.S. Dist. LEXIS 141334 (M.D. Fla. December 27, 2010).*<\/p>\n<p>Taking DNA samples from convicted felons did not violate the Fourth Amendment. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2011\/2011-ohio-593.pdf\">State v. Emerson<\/a>, 2011 Ohio 593, 192 Ohio App. 3d 446, 949 N.E.2d 538 (8th Dist. 2011), Discretionary appeal allowed, 128 Ohio St. 3d 1556, 2011 Ohio 2905, 949 N.E.2d 43, 2011 Ohio LEXIS 1562 (Ohio, June 22, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5208\">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-5208","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5208","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=5208"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5208\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5208"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5208"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5208"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}