{"id":7368,"date":"2012-10-02T13:08:28","date_gmt":"2012-06-30T08:53:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-30T08:53:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7368","title":{"rendered":"OR: Violation of civil execution law made search violate state constitution"},"content":{"rendered":"<p>Officers came to defendant\u2019s business with a writ of execution because he was a judgment debtor. While picking up property, they saw a key marked \u201cSentry\u201d and saw a small Sentry safe. They opened the safe looking for cash and found, among other things, hallucinogenic  mushrooms, which got him charged. The search was for civil purposes and was governed by the administrative search law, and this search exceeded the terms of the state statute on writs of execution. That made it violate the state constitution. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A142746.pdf\">State v. Mast<\/a>, 250 Ore. App. 605, 282 P.3d 916 (2012).<\/p>\n<p>Defendant was a suspect in using a facility of interstate commerce to entice a minor to engage in illicit sexual activity, and there was probable cause to make his arrest. The search of his car producing condoms and a cell phone was justified by search incident under Gant. The car was also being towed, and it would inevitably be inventoried. United States v. Hobbs, 2012 U.S. Dist. LEXIS 88925 (E.D. Mo. May 15, 2012), adopted 2012 U.S. Dist. LEXIS 88946 (E.D. Mo. June 27, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7368\">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-7368","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7368","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=7368"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7368\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7368"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7368"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7368"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}