{"id":57802,"date":"2024-05-05T10:19:18","date_gmt":"2024-05-05T15:19:18","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57802"},"modified":"2024-05-05T10:19:18","modified_gmt":"2024-05-05T15:19:18","slug":"d-colo-four-day-delay-in-getting-sw-for-seized-car-wasnt-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57802","title":{"rendered":"D.Colo.: Four day delay in getting SW for seized car wasn&#8217;t unreasonable"},"content":{"rendered":"\n<p>The seizure of this car was with probable cause that a gun would be found in it. The four day delay in applying for a search warrant for the car was not unreasonable. As to standing, defendant transferred ownership of a BMW convertible to another, and he didn\u2019t show a reasonable expectation of privacy in it after that. United States v. Tuttle, 2024 U.S. Dist. LEXIS 79798 (D. Colo. May 1, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s car was totaled in a wreck. He was suspected of DWI and the car could be searched under inventory when removing it or searching it for evidence of the DWI. That state law might be different means nothing. \u201cUnsurprisingly, every federal court of appeals agrees\u2014state law plays no role in assessing the constitutional reasonableness of a Fourth Amendment search or seizure.\u201d United States v. Vallez, 2024 U.S. Dist. LEXIS 78985 (D.N.M. Apr. 30, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s motion to suppress 450 bitcoin from being used at trial is moot because the government doesn\u2019t intend to introduce it. Aside from that, his motion fails both its probable cause and Franks challenge. United States v. Patel, 2024 U.S. Dist. LEXIS 79800 (D.D.C. May 1, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The seizure of this car was with probable cause that a gun would be found in it. The four day delay in applying for a search warrant for the car was not unreasonable. As to standing, defendant transferred ownership of &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=57802\">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":[20,63,26],"tags":[],"class_list":["post-57802","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonableness","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57802","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=57802"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57802\/revisions"}],"predecessor-version":[{"id":57803,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57802\/revisions\/57803"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57802"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57802"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}