{"id":6454,"date":"2012-04-05T09:46:10","date_gmt":"2011-12-24T10:30:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-24T10:30:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6454","title":{"rendered":"WI: Common area of duplex that was secured by a security door gave defendant a REP in area"},"content":{"rendered":"

Where there was a shut security door to the common entrance to a duplex, the defendant had and manifested a reasonable expectation of privacy from entry. The reliance on the apparent authority of an identified woman to consent is a not consent. State v. Guard<\/a>, 2012 WI App 8, 338 Wis. 2d 385, 808 N.W.2d 718 (2011):<\/p>\n

P22 Under all the circumstances present here, considering particularly the relevant factors identified in Rewolinski, we conclude that Guard had a reasonable expectation of privacy not merely in his unit, but also in the only entrance to his unit, which was the back hallway. Consequently, in the absence of consent to the entry or exigent circumstances, the warrantless entry by the police into that back hallway was a violation of Guard\u2019s rights under the Fourth Amendment of the United States Constitution and article I, section 11 of the Wisconsin Constitution.\n<\/p><\/blockquote>\n

Defendant\u2019s lane change was not a valid reason for a traffic stop because no other cars could be affected by it. Defendant was on parole but the officers didn\u2019t know it, so that couldn\u2019t be relied on for the stop and removal from the car. United States v. Hiley, 2011 U.S. Dist. LEXIS 147548 (C.D. Cal. December 22, 2011).* <\/p>\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-6454","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6454","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=6454"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6454\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6454"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6454"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}