{"id":6730,"date":"2012-03-01T11:28:51","date_gmt":"2012-02-25T08:10:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-25T08:10:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6730","title":{"rendered":"LA2: An impaired driver is an exception to Gant<\/em>"},"content":{"rendered":"

An impaired driver is an exception to Gant<\/a>. State v. Cook<\/a>, 2012 La. App. LEXIS 192 (La. App. 2d Cir. February 21, 2012):<\/p>\n

The first exception (an unshackled arrestee, still near the car) is inapplicable to the current facts.<\/p>\n

The second exception allows law enforcement to search the passenger compartment incident to arrest, together with any containers located therein, if there is a reasonable belief (reasonable suspicion) that evidence of the crime of arrest is in the car. Of any genre of crime, the one most likely to fit this criteria would be the arrest of an impaired operator. The observed impairment of the driver in this case, while clearly involving alcohol, raises the considerable possibility for the involvement of other drugs used by the defendant. It is therefore reasonable to believe that evidence of the crime of arrest (beer bottles, pills, other drugs) would be located in the vehicle being unlawfully operated by the arrestee and in her purse.<\/p><\/blockquote>\n

Defendant was the subject of a 911 call about erratic driving. When stopped, he was not intoxicated, but defendant acted suspiciously. He consented to a search of the car for illegal drugs and a couple of joints and an empty nitrous bottle was found under the seat. A wireless video camera was on the front seat that the officer asked about. After defendant was in custody and memory cards were found, defendant consented to a search of them too, and eleven pictures and videos of child pornography were found. He validly consented. State v. Aguirre<\/a>, 2012 Ohio 644, 2012 Ohio App. LEXIS 595 (11th Dist. February 21, 2012).*<\/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-6730","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6730","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=6730"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6730\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6730"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6730"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6730"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}