{"id":7506,"date":"2012-12-20T08:58:43","date_gmt":"2012-07-31T07:48:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-31T07:48:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7506","title":{"rendered":"NM: Round golf ball sized object in pocket was not suspected to be a weapon during patdown, so search for it was unreasonable"},"content":{"rendered":"<p>The officer could not reasonably conclude that the golf ball size object found in defendant\u2019s pocket after a patdown was a weapon. Alternatively, inevitable discovery did not support search incident of the object in his domestic battery arrest because he was not arrested at the scene and state law did not permit a warrantless DV arrest away from the scene. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/nmca\/slips\/CA30,600.pdf\">State v. Almanzar<\/a>, 2012 NMCA 111, 288 P.3d 238 (App. 2012), Certiorari Granted, November 2, 2012, No. 33,763.*<\/p>\n<p>Officers knocked and were admitted to the house. Additional officers entered by consent by defendant\u2019s girlfriend not objecting and they conducted a sweep of the downstairs to talk to additional persons. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2012\/2012-ohio-3397.pdf\">State v. Strickland<\/a>, 2012 Ohio 3397, 2012 Ohio App. LEXIS 2990 (2d Dist. July 27, 2012).* [Two officers in the house and two more called in, and the second wave is consent by not objecting? This isn\u2019t acceding to a claim of lawful authority? I can see this one going down another way for the state, but this resolution is just wrong on consent.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7506\">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-7506","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7506","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=7506"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7506\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7506"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7506"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7506"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}