{"id":6924,"date":"2012-12-03T08:07:15","date_gmt":"2012-04-02T06:51:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-02T06:51:34","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6924","title":{"rendered":"MA: SI unreasonable of bicycle defendant was riding when stopped for trespass"},"content":{"rendered":"

An arrest for trespass at a housing project did not justify a search incident and seizure of the bicycle the defendant was riding. It wasn\u2019t an offense for which there would be evidence. Commonwealth v. Holloway<\/a>, 81 Mass. App. Ct. 910, 964 N.E.2d 996 (2012).<\/p>\n

Defendant was stopped for suspicion of DUI and his car was searched without a warrant in violation of the state constitution. While the officer did all that he normally could, there is no good faith exception in Washington, and the search should have been suppressed. State v. Tamblyn<\/a>,167 Wn. App. 332, 273 P.3d 459 (2012).*<\/p>\n

In an appeal dismissed for lack of a dispositive question, the court added: \u201cDefendant has failed to cite controlling authority, and we have found none, to support his assertion that \u2018proof of actual attempts by law enforcement officers to obtain a lawful warrant must be placed on the record before the court may find that exigent circumstances exist.\u2019\u201d State v. Lands<\/a>, 377 S.W.3d 678 (Tenn. Crim. App. 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-6924","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6924","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=6924"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6924\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6924"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}