{"id":62436,"date":"2025-12-10T10:37:30","date_gmt":"2025-12-10T15:37:30","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62436"},"modified":"2025-12-10T10:37:30","modified_gmt":"2025-12-10T15:37:30","slug":"ar-defendant-claiming-they-were-searching-her-place-was-sufficient-for-probation-search-waiver","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62436","title":{"rendered":"AR: Defendant claiming they were searching her place was sufficient for probation search waiver"},"content":{"rendered":"\n<p>The premises was subject to defendant\u2019s search waiver on file. At court she disputed the state proved it was her place, but, at the time of the search, she and a friend said that it was her place. Inside, her pictures were found in a bedroom. The officer testified her car was always parked outside it at night. This was contested as a failure of proof, and no search claim was raised which was found to be waived by no motion to suppress. Hawkins v. State, 2025 Ark. App. 603 (Dec. 10, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s overlong detention claim isn\u2019t a due process claim\u2013it\u2019s a Fourth Amendment claim. Perez v. Carrera, 2025 U.S. Dist. LEXIS 252915 (N.D. Ill. Dec. 8, 2025).*<\/p>\n\n\n\n<p>When police searched defendant\u2019s cell phone, his call history with the other murder suspect had been deleted, but the phone did reveal the internet search history inquiring into news stories about the killing. Saunders v. State, 2025 Ga. LEXIS 260 (Dec. 9, 2025).*<\/p>\n\n\n\n<p>Accidental viewing of prisoners in showers by guards of opposite sex isn\u2019t a Fourth Amendment violation. Cates v. Ky. State Penitentiary, 2025 U.S. Dist. LEXIS 252767 (W.D. Ky. Dec. 8, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The premises was subject to defendant\u2019s search waiver on file. At court she disputed the state proved it was her place, but, at the time of the search, she and a friend said that it was her place. Inside, her &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=62436\">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":[50,5,58,41],"tags":[],"class_list":["post-62436","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-cell-phones","category-probationparole-search","category-strip-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62436","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=62436"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62436\/revisions"}],"predecessor-version":[{"id":62437,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62436\/revisions\/62437"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62436"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62436"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62436"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}