{"id":5843,"date":"2011-07-30T11:07:33","date_gmt":"2011-07-30T10:09:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-30T10:09:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5843","title":{"rendered":"E.D.N.Y.: With PC for defendant and car, <em>Gant<\/em> inapplicable"},"content":{"rendered":"<p>Officers had probable cause to arrest defendant without a warrant. He was arrested in a car, and his handcuffing and detention was irrelevant and Gant did not apply because the automobile exception permitted the search of the car. United States v. Brown, 2011 U.S. Dist. LEXIS 81595 (E.D. N.Y. July 25, 2011).*<\/p>\n<p>\u201cThe Government has established, by a preponderance of the credible evidence, that Mr. Harris consented to the search of his bedroom on December 22, 2010. As Defendant argues, Agent McCormick\u2019s and Special Agent Zeppieri\u2019s testimony at the hearing was inconsistent as to various significant details. Their testimony was wholly consistent, however, as to the pivotal fact; whether Mr. Harris consented to the search.\u201d [Of course; doesn\u2019t it always?\u201d] United States v. Harris, 2011 U.S. Dist. LEXIS 82170 (S.D. N.Y. July 26, 2011).*<\/p>\n<p>911 dispatch got an anonymous call that a man was screaming that he was going to shoot somebody, and he was one of four black males that got into a metallic color 90&#8217;s Buick with a missing right rear hubcap. Shortly thereafter, an officer saw a metallic color 90&#8217;s Oldsmobile with a missing right rear hubcap. The officer had reasonable suspicion for a Terry stop, although this was a \u201cclose case.\u201d United States v. Daniels, 2011 U.S. Dist. LEXIS 81712 (D. S.C. July 26, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5843\">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-5843","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5843","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=5843"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5843\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5843"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5843"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5843"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}