{"id":56611,"date":"2023-12-21T09:56:52","date_gmt":"2023-12-21T14:56:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56611"},"modified":"2023-12-21T09:56:52","modified_gmt":"2023-12-21T14:56:52","slug":"nm-no-valid-purpose-for-impoundment-and-inventory-of-defs-car-parked-in-his-own-driveway","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56611","title":{"rendered":"NM: No valid purpose for impoundment and inventory of def&#8217;s car parked in his own driveway"},"content":{"rendered":"\n<p>Impoundment and inventory of defendant\u2019s car parked in his own driveway was unreasonable. There was no valid community caretaking function to be served here. <a href=\"https:\/\/nmonesource.com\/nmos\/nmsc\/en\/522239\/1\/document.do\">State v. Ontiveros<\/a>, 2023 N.M. LEXIS 281 (Dec. 18, 2023).<\/p>\n\n\n\n<p>2254 petitioner had a full and fair opportunity to litigate his search issue which ended up in a state Anders brief and silent affirmance which is presumed a determination on the merits. Schulze v. Sec&#8217;y, Dep&#8217;t of Corr., 2023 U.S. Dist. LEXIS 223344 (M.D. Fla. Dec. 15, 2023).*<\/p>\n\n\n\n<p>The bulge in defendant\u2019s waistband, his evasiveness, and then his flight was all reasonable suspicion for a Terry stop. He wasn\u2019t actually stopped until he was taken down. Hawkins v. State, 2023 Md. App. LEXIS 856 (Dec. 14, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Impoundment and inventory of defendant\u2019s car parked in his own driveway was unreasonable. There was no valid community caretaking function to be served here. State v. Ontiveros, 2023 N.M. LEXIS 281 (Dec. 18, 2023). 2254 petitioner had a full and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56611\">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":[39,126,35],"tags":[],"class_list":["post-56611","post","type-post","status-publish","format-standard","hentry","category-inventory","category-issue-preclusion","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56611","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=56611"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56611\/revisions"}],"predecessor-version":[{"id":56612,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56611\/revisions\/56612"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56611"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}