{"id":58061,"date":"2024-06-12T06:32:49","date_gmt":"2024-06-12T11:32:49","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58061"},"modified":"2024-06-12T06:32:49","modified_gmt":"2024-06-12T11:32:49","slug":"ca10-no-rep-in-fire-scene-premises-totally-destroyed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58061","title":{"rendered":"CA10: No REP in fire scene premises totally destroyed"},"content":{"rendered":"\n<p>Taking of photographs of a fire scene of a mobile home that burned to the ground was not a Fourth Amendment violation. There was no reasonable expectation of privacy in the remains. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010111061975.pdf\">United States v. Hernandez<\/a>, 2024 U.S. App. LEXIS 13887 (10th Cir. June 7, 2024). [Photos in the opinion.]<\/p>\n\n\n\n<p>Defendant\u2019s Franks claim that the passcode for defendant\u2019s cell phone was obtained by illegal means was but a legal conclusion and it was wrong. United States v. Fritzinger, 2024 U.S. Dist. LEXIS 101176 (E.D.N.C. June 6, 2024).*<\/p>\n\n\n\n<p>Defendant abandoned the backpack in a house she had no right to enter, so it logically followed that she did not have a reasonable expectation of privacy in the backpack and its contents. Commonwealth v. Coles, 2024 PA Super 121 (June 7, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Taking of photographs of a fire scene of a mobile home that burned to the ground was not a Fourth Amendment violation. There was no reasonable expectation of privacy in the remains. United States v. Hernandez, 2024 U.S. App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58061\">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":[48,21,18],"tags":[],"class_list":["post-58061","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-franks-doctrine","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58061","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=58061"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58061\/revisions"}],"predecessor-version":[{"id":58062,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58061\/revisions\/58062"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58061"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58061"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58061"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}