{"id":6669,"date":"2012-04-05T09:37:43","date_gmt":"2012-02-13T00:16:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-12T12:13:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6669","title":{"rendered":"WY: Officer who found defendant convulsing in motel room could look in backpack for possible cause"},"content":{"rendered":"<p>Defendant was convulsing in a motel room, and the other person asked whether he should call 911. He said \u201cYes, I don\u2019t want to die.\u201d EMTs and a police officer arrived, and the police officer was looking around for what could have caused defendant\u2019s condition. He looked in a backpack and found an unlabeled pill bottle with a powder in it. After defendant was taken to the hospital, police came back with a warrant. The warrant was lawfully issued because the search of the backpack was reasonable as an emergency search to attempt to find the cause of defendant\u2019s condition. <a href=\"http:\/\/courts.state.wy.us\/Opinions\/2012WY14.pdf\">Owens v. State<\/a>, 2012 WY 14, 269 P.3d 1093 (2012).<\/p>\n<p>Defendant was a passenger in a car stopped by the police. He removed a package of drugs from his backpack and put it on the seat. He lacked standing to challenge the finding of the drugs he took out. United States v. Love, 2012 U.S. Dist. LEXIS 16245 (E.D. Mo. February 9, 2012)*:<\/p>\n<blockquote><p>As a passenger in the Altima, Defendant had no expectation of privacy. US v. Green, 442 F.3d 677, 680. While Defendant argues that he had a reasonable expectation of privacy in the contents of his backpack, Defendant completely ignores the fact that the package of heroin was no longer protected by contours of privacy he may have had in his backpack by his acts of removing the package from the backpack and placing it in the seat compartment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6669\">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-6669","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6669","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=6669"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6669\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6669"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6669"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}