{"id":6460,"date":"2012-04-05T10:01:45","date_gmt":"2011-12-26T00:12:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-25T17:58:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6460","title":{"rendered":"IN: Search of pill bottle found in patdown was unreasonable"},"content":{"rendered":"<p>Defendant was searched with reasonable suspicion, and a pill bottle was found. Search of the pill bottle was not justified as a search incident to arrest. Also, the altered label on the pill bottle did not lead to probable cause to search it. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/12161101msm.pdf\">Corwin v. State<\/a>, 962 N.E.2d 118 (Ind. App. 2011).*<\/p>\n<p>Officer safety justified a patdown of a juvenile put into a police car after finding he was a truant from school. Where there was no reasonable suspicion he\u2019d committed a crime, officer safety justified it. <a href=\"http:\/\/www.3dca.flcourts.org\/Opinions\/3D10-3001.pdf\">D.O. v. State<\/a>, 77  So. 3d 787 (Fla. 3d DCA 2011).*<\/p>\n<p>Defendant did not receive IAC from defense counsel not objecting to his strip search at the stationhouse, which was valid anyway on probable cause. Also, whether defendant had ineffective assistance of counsel from defense counsel not objecting to defendant\u2019s statement that he had marijuana on him was harmless in light of what was found hidden in his buttocks. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/12201102cjb.pdf\">Bryant v. State<\/a>, 959 N.E.2d 315 (Ind. App. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6460\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-6460","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6460","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=6460"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6460\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6460"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6460"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6460"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}