{"id":7520,"date":"2012-10-25T09:45:42","date_gmt":"2012-08-03T08:54:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-03T08:54:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7520","title":{"rendered":"FL3: Defendant lost his REP in an object he gave to another to hide"},"content":{"rendered":"<p>Defendant waived his reasonable expectation of privacy in a closed container he gave to another to control and hide. <a href=\"http:\/\/www.3dca.flcourts.org\/Opinions\/3D10-2880.pdf\">J.W. v. State<\/a>,  95 So. 3d 372 (Fla. App. 3d DCA 2012). [Note: This is a lot like <a href=\"http:\/\/scholar.google.com\/scholar_case?case=795877769649657713&amp;q=rawlings&amp;hl=en&amp;as_sdt=2,4\">Rawlings<\/a> where the defendant gave his drugs to another when the police came in.]<\/p>\n<p>Defendant\u2019s 2255 contention that defense counsel was ineffective for not challenging the PC in the search warrant was way off the mark. The 2255 petition omitted plenty that the search warrant was based on, and there clearly was PC. United States v. Jeffery, 2012 U.S. Dist. LEXIS 105637 (E.D. La. July 30, 2012).*<\/p>\n<p>On the totality of circumstances, the court finds that defendant voluntarily consented to a search of his house. He was warned of his right to refuse, and he apparently believed that what he had wouldn\u2019t be found. United States v. Fernandez, 2012 U.S. Dist. LEXIS 107182 (S.D. Fla. July 24, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7520\">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-7520","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7520","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=7520"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7520\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7520"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7520"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7520"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}