{"id":64477,"date":"2026-07-18T10:23:12","date_gmt":"2026-07-18T15:23:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64477"},"modified":"2026-07-18T10:23:12","modified_gmt":"2026-07-18T15:23:12","slug":"ca9-when-the-pc-for-sw-dissipates-the-search-must-stop-no-gfe","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64477","title":{"rendered":"CA9: When the PC for SW dissipates, the search must stop; no GFE"},"content":{"rendered":"\n

\u201cThis case raises the familiar, but always troubling, question whether someone can be prosecuted for despicable criminal conduct using evidence obtained in violation of the Fourth Amendment. Here, officers conducting a search of Defendant John Holcomb’s computer, pursuant to a warrant, continued to search even after they learned that probable cause had ceased to exist, and they found damning evidence of a different crime only after probable cause had dissipated. In the circumstances, respect for the Constitution and the rule of law requires suppression of the evidence.\u201d The officers were looking for evidence of a rape and what they found showed no rape occurred. Therefore, the search should have stopped. United States v. Holcomb<\/a>, 2026 U.S. App. LEXIS 21201 (9th Cir. July 17, 2026) (2-1).<\/p>\n\n\n\n

\u201c[W]e find the facts of this case provided a reasonable basis to believe that the bags paired with Respondent’s action to crumble up a narcotic pill were consistent with drug trafficking. As such, the officers had sufficient probable cause to search the vehicle under the automobile exception.\u201d State v. Williams, 2026 La. App. LEXIS 1437 (La. App. 4 Cir 06\/16\/26).*<\/p>\n\n\n\n

Defendant\u2019s claim the government took too long (22 months) to search his cell phone was waived by his not timely filing his motion to suppress. United States v. Bigbee, No. 24-3160 (8th Cir. July 17, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThis case raises the familiar, but always troubling, question whether someone can be prosecuted for despicable criminal conduct using evidence obtained in violation of the Fourth Amendment. Here, officers conducting a search of Defendant John Holcomb’s computer, pursuant to a … 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":[36,104,20,129],"tags":[],"class_list":["post-64477","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-burden-of-pleading","category-probable-cause","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64477","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=64477"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64477\/revisions"}],"predecessor-version":[{"id":64478,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64477\/revisions\/64478"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64477"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}