{"id":5488,"date":"2011-07-03T12:56:45","date_gmt":"2011-04-27T07:55:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-27T07:55:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5488","title":{"rendered":"CA7: Officers executing state eviction order from two weeks earlier lawfully seized drugs and guns from premises"},"content":{"rendered":"<p>Officers executing an eviction order on defendant who was ordered out of the property two weeks earlier conducted a protective sweep before removing him and found drugs and guns. He had no reasonable expectation of privacy in the premises, summarizing cases from several circuits. \u201cBut given that Curlin had notice that his continued occupancy had been adjudged to be unlawful, we have no difficulty concluding that he lacked any objectively reasonable expectation of privacy in the premises. Thus, no illegal search occurred requiring the suppression of the gun evidence.\u201d <a href=\"http:\/\/www.ca7.uscourts.gov\/tmp\/7E0EA59C.pdf\">United States v. Curlin<\/a>, 638 F.3d 562 (7th Cir. 2011).<\/p>\n<p>Defendant was stopped for not dimming his lights. The officer asserted that furtive movements in the car justified a search, but that did not occur for a long time after that and after defendant had gotten out of the car and gotten back into it. Therefore, the officer\u2019s testimony on the need for a protective search of the car is not credited. Motion to suppress granted. United States v. McCraney, 2011 U.S. Dist. LEXIS 43722 (N.D. Ohio April 22, 2011).*<\/p>\n<p>The fact that defense counsel did not challenge defendant\u2019s consent is not determinative to his 2255 because the vehicle could have been searched on probable cause. United States v. German, 2011 U.S. Dist. LEXIS 43613 (W.D. La. April 19, 2011)*; United States v. Smith, 2011 U.S. Dist. LEXIS 43612 (W.D. La. April 19, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5488\">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-5488","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5488","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=5488"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5488\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5488"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5488"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5488"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}