{"id":52547,"date":"2022-06-11T13:43:25","date_gmt":"2022-06-11T18:43:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52547"},"modified":"2022-06-11T13:43:45","modified_gmt":"2022-06-11T18:43:45","slug":"ca9-arrest-on-old-pv-warrant-was-4a-reasonable-state-law-violation-not-relevant-to-reasonableness-inquiry","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=52547","title":{"rendered":"CA9: Arrest on 7 year old PV warrant was 4A reasonable; state law violation not relevant to reasonableness inquiry"},"content":{"rendered":"\n

Plaintiff\u2019s arrest on a parole retake warrant not executed for seven years was still reasonable on the totality. \u201cEven if Cornel’s arrest violated state law, it was not necessarily a violation of her Fourth Amendment rights. The Supreme Court has rejected the notion that a violation of state law automatically violates the Fourth Amendment. Virginia v. Moore, 553 U.S. 164, 173 (2008).\u201d Cornel v. Hawaii<\/a>, 2022 U.S. App. LEXIS 16017 (9th Cir. June 10, 2022).<\/p>\n\n\n\n

The trial court erred in finding the good faith exception did not apply to this search warrant. The trial court found there was not enough support of the CI\u2019s reliability. The court of appeals disagrees. \u201cHere, the trial court appears to have rejected the good faith exception for the same reasons it found probable cause for issuance of the warrant lacking\u2014the unproven reliability of the confidential informant and the staleness of his disclosures. While these issues may raise doubt about the presence of probable cause, based upon the totality of the circumstances, we find that the good faith exception applies. [\u00b6] We find that the warrant was not so lacking in the indicia of probable cause so as to render belief in its existence entirely unreasonable.\u201d State v. Redhead<\/a>, 2022 Fla. App. LEXIS 3988 (Fla. 5th DCA June 10, 2022).*<\/p>\n\n\n\n

Defendant was not seized until the officer told him to stay with another officer. Handing over his DL was not a seizure [despite law not allowing you to drive without it in hand?]. United States v. Ligon<\/a>, 2022 U.S. App. LEXIS 15982 (11th Cir. June 10, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Plaintiff\u2019s arrest on a parole retake warrant not executed for seven years was still reasonable on the totality. \u201cEven if Cornel’s arrest violated state law, it was not necessarily a violation of her Fourth Amendment rights. The Supreme Court has … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,63],"tags":[],"class_list":["post-52547","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52547","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52547"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52547\/revisions"}],"predecessor-version":[{"id":52549,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52547\/revisions\/52549"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52547"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52547"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52547"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}