{"id":7033,"date":"2012-12-29T14:34:01","date_gmt":"2012-04-26T04:55:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-04-26T04:55:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7033","title":{"rendered":"W.D.Va.: <em>Franks<\/em> claim that was speculative has to be rejected"},"content":{"rendered":"<p>Defendant\u2019s <em>Franks<\/em> claim was based on speculation and is unsupported by the tenor of the affidavit. If the officers had looked at his laptop and seen the child pornography, that would have only strengthened the probable cause, and it didn\u2019t. United States v. Miller, 2012 U.S. Dist. LEXIS  56878 (W.D. Va. April 24, 2012).*<\/p>\n<p>Defendant\u2019s evasive behavior in replacing the license plate on his car to avoid detection when he was being investigated for a grow operation was reasonable suspicion. When officers stopped him, he was cooperative and admitted what he was doing. United States v. Valerio, 869 F. Supp. 2d 1366 (S.D. Fla. 2012).*<\/p>\n<p>Defense counsel was not ineffective for not challenging the delay during a stop where it took time for the owner of the car to arrive or in challenging a stop based on a clear speeding violation. Owens v. United States, 869 F. Supp. 2d 653 (M.D. Pa. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7033\">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-7033","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7033","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=7033"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7033\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7033"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7033"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7033"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}