{"id":58805,"date":"2024-09-03T00:00:00","date_gmt":"2024-09-03T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58805"},"modified":"2024-08-31T18:57:49","modified_gmt":"2024-08-31T23:57:49","slug":"ca10-failure-to-mention-search-condition-for-supervised-release-at-sentencing-cured-by-it-being-in-judgment","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58805","title":{"rendered":"CA10: Failure to mention search condition for supervised release at sentencing cured by it being in judgment"},"content":{"rendered":"\n<p>At sentencing, defendant was told that the \u201cstandard conditions apply,\u201d and being subjected to warrantless searches was not mentioned. It was, however, in the judgment, and that\u2019s notice enough. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010111103090.pdf\">United States v. Martin<\/a>, 2024 U.S. App. LEXIS 22091 (10th Cir. Aug. 30, 2024).*<\/p>\n\n\n\n<p>In plaintiff\u2019s motion for summary judgment, he claims a Fourth Amendment violation but doesn\u2019t articulate it. The defense motion does that there wasn\u2019t one, and that one\u2019s granted. Ramirez v. Bd. of Cty. Comm&#8217;rs of Sierra Cty., 2024 U.S. Dist. LEXIS 155867 (D.N.M. Aug. 29, 2024).*<\/p>\n\n\n\n<p>Defendant was pulled over for a traffic stop, and a drug dog was called for. Defendant jumped back in his car and took off, leading police on a high-speed chase for 10-15 minutes. What he tossed from the car was abandoned because fleeing is an independent crime. United States v. Fizer, 2024 U.S. App. LEXIS 22043 (6th Cir. Aug. 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>At sentencing, defendant was told that the \u201cstandard conditions apply,\u201d and being subjected to warrantless searches was not mentioned. It was, however, in the judgment, and that\u2019s notice enough. United States v. Martin, 2024 U.S. App. LEXIS 22091 (10th Cir. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58805\">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":[75,58,129],"tags":[],"class_list":["post-58805","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-probationparole-search","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58805","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=58805"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58805\/revisions"}],"predecessor-version":[{"id":58806,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58805\/revisions\/58806"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58805"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58805"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58805"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}