{"id":56301,"date":"2023-11-11T09:21:54","date_gmt":"2023-11-11T14:21:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56301"},"modified":"2023-11-11T09:21:54","modified_gmt":"2023-11-11T14:21:54","slug":"pa-car-and-phone-were-abandoned-after-police-chase","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56301","title":{"rendered":"PA: Car and phone were abandoned after police chase"},"content":{"rendered":"\n<p>Defendant was allegedly driving his car, fled a police stop and crashed into another car. He fled and abandoned the car leaving his cell phone inside. He reported it stolen the next morning, but that proved to be false. The car and phone were abandoned. Alternatively, seizure of the phone was justified by the emergency aid exception. <a href=\"https:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-A15044-23.pdf?cb=2\">Commonwealth v. Hall<\/a>, 2023 PA Super 224, 2023 Pa. Super. LEXIS 513 (Nov. 3, 2023).<\/p>\n\n\n\n<p>In objecting to the R&amp;R, defendant keeps arguing about his Fourth Amendment waiver for his probation search, but there was no waiver issue, and the search was valid on the merits. The court has already held this. Pendergrass v. United States, 2023 U.S. Dist. LEXIS 200350 (N.D. Ga. Nov. 7, 2023).*<\/p>\n\n\n\n<p>Defendants were arrested and jail calls revealed an effort to destroy evidence at their house. That led to s search warrant for the house. Defendant\u2019s Franks challenge that he was not yet a convicted felon wasn\u2019t material to the probable cause finding because there was other evidence supporting the warrant. State v. Holbrook, 2023 Neb. App. LEXIS 282 (Nov. 7, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was allegedly driving his car, fled a police stop and crashed into another car. He fled and abandoned the car leaving his cell phone inside. He reported it stolen the next morning, but that proved to be false. The &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56301\">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":[48,21,58],"tags":[],"class_list":["post-56301","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-franks-doctrine","category-probationparole-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56301","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=56301"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56301\/revisions"}],"predecessor-version":[{"id":56302,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56301\/revisions\/56302"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56301"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56301"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56301"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}