{"id":7543,"date":"2012-10-02T14:23:48","date_gmt":"2012-08-07T08:08:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-07T08:08:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7543","title":{"rendered":"CA7: Use of screwdriver didn&#8217;t exceed consent"},"content":{"rendered":"<p>\u201cHere, Trooper Miller asked Saucedo if he had any weapons, cannabis or cocaine in his truck or trailer, and Saucedo answered \u2018no.\u2019 At that point, Saucedo volunteered that Miller could search, even before Miller requested permission. Trooper Miller specifically asked Saucedo if he could search his truck and trailer, and Saucedo answered, \u2018yes.\u2019 So Saucedo was well aware that Miller was looking for drugs.\u201d The officer used a screwdriver to open the back of a TV and found drugs there. The search was valid. <a href=\"http:\/\/www.ca7.uscourts.gov\/fdocs\/docs.fwx?submit=showbr&amp;shofile=11-2457_002.pdf\">United States v. Saucedo<\/a>, 688 F.3d 863 (7th Cir. 2012). [The <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7521402810574156337&amp;q=135+F.3d+1223&amp;hl=en&amp;as_sdt=2,5\">Eighth Circuit is contra<\/a> on this.]<\/p>\n<p>Defendant, represented by an attorney, requested leave to file a pro se supplemental motion to suppress, which was granted, and it was 291 pages long. It only served to \u201cmuddy the water\u201d and produce a 100 page opinion. There were multiple individual seizures and searches of luggage, a motel room, computers, and a storage unit. A delay of five days in getting a search warrant was \u201cunfortunate\u201d but not unreasonable considering New Years Day came in between. The case started as a fraud case with identity theft information on the computer, but child pornography was found in files with unsuspecting names, and another search warrant was sought. The searches were all reasonable. United States v. Kowalczyk, 2012 U.S. Dist. LEXIS 108879 (D. Ore. August 3, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7543\">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-7543","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7543","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=7543"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7543\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7543"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7543"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7543"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}