{"id":5846,"date":"2011-07-31T09:36:11","date_gmt":"2011-07-31T09:36:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-31T09:36:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5846","title":{"rendered":"TX: Casual napper in someone else’s house doesn’t give guest standing"},"content":{"rendered":"

Defendant was visiting a friend, and he went upstairs to take a nap. Police officers watching the house saw a known prostitute and drug dealer come out, so they came to the door. The homeowner let them in to look around. Next to the sleeping defendant was a bag of drugs. Defendant\u2019s casual nap did not amount to him being an overnight guest [I disagree that is the standard; read Olson<\/a>] to give him standing. Nevertheless, the homeowner\u2019s consent was enough [which it was]. Wilson v. State, 2010 Tex. App. LEXIS 3551 (Tex. App.\u2014San Antonio May 12, 2010), Released for Publication January 20, 2011, Petition for discretionary review refused by In re Wilson, 2010 Tex. Crim. App. LEXIS 1669 (Tex. Crim. App. Dec. 8, 2010)* [Not on court’s website.]<\/p>\n

Defendant\u2019s patdown was unjustified by the circumstances, and the recovery of a pill bottle with cocaine in it should have been suppressed. State v. Mejia<\/a>, 2011 Tenn. Crim. App. LEXIS 583 (July 27, 2011)* [The officer\u2019s name was Justus. How fitting.] <\/p>\n

Wisconsin\u2019s CA certifies to the state supreme court whether an extended probation condition from a trial court can permit any LEO to search without cause. State v. Rowan, 2011 Wisc. App. LEXIS 599 (July 28, 2011)* [not on court’s website]:<\/p>\n

The issue presented by this appeal is whether a sentencing court violated the Fourth Amendment or Wis. Const. art. I, \u00a7 11, by setting a condition of extended supervision that allows any law enforcement officer to search the defendant’s person, vehicle, or residence for firearms, at any time and without probable cause or reasonable suspicion. While it is clear that a court may impose conditions of extended supervision that limit a defendant’s Fourth Amendment rights, the issue presented here is whether it is permissible to impose a condition that, in essence, eliminates those rights. There are no cases in Wisconsin that address this issue. Because this is a novel issue of statewide importance that is certain to recur, we hereby certify this appeal to the Wisconsin Supreme Court for its review and determination, pursuant to Wis. Stat. Rule 809.61 (2009-10).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-5846","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5846","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=5846"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5846\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5846"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5846"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5846"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}