{"id":6902,"date":"2012-10-27T11:45:02","date_gmt":"2012-03-31T00:02:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-30T08:03:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6902","title":{"rendered":"LA5: Taking pretrial writ to appeal search issue bars appeal of issue after conviction"},"content":{"rendered":"<p>Defendant took a pretrial application for writ to this court on a Gant issue denied by the trial court, and that order was law of the case and could not be appealed again on the direct appeal from the conviction. <a href=\"http:\/\/www.fifthcircuit.org\/Images\/template\/OpinionDetails_r1_c4.gif\">State v. Massey<\/a>,  97 So. 3d 13 (La. App. 5 Cir. 2012).<\/p>\n<p>There was no proof that the officer\u2019s challenged statements were anything more than negligent. One was a reasonable assumption based on the facts known to the officer at the time. United States v. Wyatt, 2012 U.S. Dist. LEXIS 42725 (W.D. Ky. March 28, 2012).*<\/p>\n<p>Just because there is no Fourth Amendment rights in prison does not mean that an inmate has no rights at all. Here, the inmate\u2019s drinking mug was bought with his own money, and it was arbitrarily confiscated. He stated a claim under the takings clause of the state constitution. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO75834.pdf\">Johnson v. King<\/a>, 85 So. 3d 307 (Miss. App. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6902\">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-6902","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6902","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=6902"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6902\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6902"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6902"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6902"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}