{"id":65074,"date":"2026-10-23T09:48:29","date_gmt":"2026-10-23T14:48:29","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65074"},"modified":"2026-10-24T09:49:51","modified_gmt":"2026-10-24T14:49:51","slug":"w-d-la-gant-search-incident-permitted-for-arrest-for-violation-of-supervised-release-terms","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65074","title":{"rendered":"W.D.La.: Gant search incident permitted for arrest for violation of supervised release terms"},"content":{"rendered":"\n<p>Defendant was stopped for a warrant for violation of the terms of his supervised release. A search incident of his car was permissible under Gant. United States v. Briggs, 2026 U.S. Dist. LEXIS 242751 (W.D. La. Oct. 22, 2026).<\/p>\n\n\n\n<p>Defendant is charged with theft by shoplifting from a military base exchange. The government argues a lack of standing in what was stolen where a pants pocket was searched. The lack of standing here, however, depends on fraud or theft which is to be proved at trial, not a suppression hearing. United States v. \u00c1lvarez, 2026 U.S. Dist. LEXIS 242580 (D.P.R. Oct. 21, 2026).*<\/p>\n\n\n\n<p>When defendant was arrested, a firearm he had was cleared for officer safety, and bullets and a spring came out. Defendant challenges admissibility under F.R.E. 104 [that\u2019s a new one on me; that\u2019s a chain of custody issue which is weight, not admissibility]. Denied. It\u2019s not materially different. United States v. Fuller, 2026 U.S. Dist. LEXIS 242606 (S.D. Ill. Oct. 22, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for a warrant for violation of the terms of his supervised release. A search incident of his car was permissible under Gant. United States v. Briggs, 2026 U.S. Dist. LEXIS 242751 (W.D. La. Oct. 22, 2026). Defendant &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65074\">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":[124,58,26,34],"tags":[],"class_list":["post-65074","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-probationparole-search","category-search-incident","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65074","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=65074"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65074\/revisions"}],"predecessor-version":[{"id":65075,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65074\/revisions\/65075"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65074"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65074"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65074"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}