{"id":5818,"date":"2011-08-05T12:23:26","date_gmt":"2011-07-24T00:04:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-23T23:35:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5818","title":{"rendered":"D.Utah: Officers had reasonable belief defendant was home under <em>Payton<\/em>"},"content":{"rendered":"<p>Officers had a reasonable belief that defendant was on the premises for <a href=\"http:\/\/scholar.google.com\/scholar_case?case=14936388408511643149&amp;q=payton%2Bv.%2Bnew%2Byork&amp;hl=en&amp;as_sdt=1002\">Payton<\/a> purposes. They didn\u2019t have to have actually seen defendant go in; they had information from reliable CIs that defendant was inside. United States v. Chisholm, 2011 U.S. Dist. LEXIS 78673 (D. Utah July 19, 2011).*<\/p>\n<p>Defendant was found to have consented on the totality of circumstances. While some factors favor him, the defendant was clearly in custody and guns were drawn. There had been a shooting, however, and defendant was not the suspect so the guns were not pointed at him. Therefore, on the totality, it was still voluntary. United States v. Franco-Lombera, 2011 U.S. Dist. LEXIS 79181 (D. Idaho July 20, 2011).*<\/p>\n<p>The traffic stop here produced reasonable suspicion, and the delay for the drug dog was reasonable. United States v. Randle, 2011 U.S. Dist. LEXIS 79259 (D. Minn. June 22, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5818\">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-5818","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5818","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=5818"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5818\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5818"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5818"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5818"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}