{"id":53912,"date":"2022-12-28T08:05:29","date_gmt":"2022-12-28T13:05:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53912"},"modified":"2022-12-28T08:43:26","modified_gmt":"2022-12-28T13:43:26","slug":"ca3-sol-for-arrest-and-search-under-%c2%a7-1983-runs-from-then","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53912","title":{"rendered":"CA3: SOL for arrest and search under \u00a7 1983 runs from then"},"content":{"rendered":"\n<p>The SOL begins with plaintiff\u2019s arrest and search, not the prosecution. Here it was time-barred. (Plaintiff also doesn&#8217;t establish any grounds for equitable tolling other than the library was inaccessible during Covid, and he did nothing for over two years.) <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/222253np.pdf\">Dates v. Winters<\/a>, 2022 U.S. App. LEXIS 35643 (3d Cir. Dec. 27, 2022).<\/p>\n\n\n\n<p>Reasonable suspicion supported extending this stop with a dog sniff. United States v. Edwards, 2022 U.S. Dist. LEXIS 229596 (D.S.C. Dec. 20, 2022).*<\/p>\n\n\n\n<p>When defendant was swaying and likely intoxicated during a traffic stop, a blowtorch lighter and foil ball were in plain view and likely drug paraphernalia. That permitted an automobile exception search. United States v. Hinnard, 2022 U.S. Dist. LEXIS 229641 (E.D. Tenn. Nov. 22, 2022),*<\/p>\n\n\n\n<p>Defendant had his full and fair opportunity to litigate his search claim in state court, and Stone bars further review. Hamilton v. Payne, 2022 U.S. Dist. LEXIS 229692 (E.D. Ark. Nov. 15, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The SOL begins with plaintiff\u2019s arrest and search, not the prosecution. Here it was time-barred. (Plaintiff also doesn&#8217;t establish any grounds for equitable tolling other than the library was inaccessible during Covid, and he did nothing for over two years.) &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=53912\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[45,27,126,51],"tags":[],"class_list":["post-53912","post","type-post","status-publish","format-standard","hentry","category-45","category-dog-sniff","category-issue-preclusion","category-plain-view"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53912","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=53912"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53912\/revisions"}],"predecessor-version":[{"id":53917,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53912\/revisions\/53917"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53912"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}