{"id":60183,"date":"2025-02-17T01:00:00","date_gmt":"2025-02-17T06:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60183"},"modified":"2025-02-15T18:37:33","modified_gmt":"2025-02-15T23:37:33","slug":"ok-officer-outside-territorial-jurisdiction-isnt-a-4a-issue","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60183","title":{"rendered":"OK: Officer outside territorial jurisdiction isn’t a 4A issue"},"content":{"rendered":"\n

An officer outside his territorial jurisdiction making an arrest does not implicate the Fourth Amendment. Virginia v. Moore. \u201cAs previously stated, Appellant does not challenge that Morgan had probable cause to stop him, or that the search of his vehicle was defective. The record demonstrates the traffic stop and search comported with the tenets of the Fourth Amendment. Accordingly, the trial court did not err in denying Appellant’s motion to suppress.\u201d Thompson v. State<\/a>, 2025 OK CR 4, 2025 Okla. Crim. App. LEXIS 4 (Feb. 13, 2025).<\/p>\n\n\n\n

\u201cUnfortunately for Mr. Tarr, his aversions regarding an \u2018illegal search\u2019 in his case fail to meet this standard for \u2018clear error.\u2019 First, the Government correctly points out that Mr. Tarr provides only the most skeletal of allegations regarding the basis of the alleged illegality. He does not state at which search, the first or the second, the police purportedly failed to show him a warrant, does not claim relevant material (or any material at all) was seized from the shed during the allegedly illegal search, and does not aver the shed was outside either warrant’s scope. He also failed to provide any legal authority in support of his proposition that, in Maine, state police officers must exhibit a search warrant prior to undertaking the authorized search.\u201d [And that wouldn\u2019t matter under Moore anyway.] United States v. Tarr, 2025 U.S. Dist. LEXIS 26832 (D. Me. Feb. 14, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

An officer outside his territorial jurisdiction making an arrest does not implicate the Fourth Amendment. Virginia v. Moore. \u201cAs previously stated, Appellant does not challenge that Morgan had probable cause to stop him, or that the search of his vehicle … Continue reading →<\/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":[50,104,63],"tags":[],"class_list":["post-60183","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-burden-of-pleading","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60183","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=60183"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60183\/revisions"}],"predecessor-version":[{"id":60184,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60183\/revisions\/60184"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60183"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}