{"id":7867,"date":"2012-12-20T08:54:12","date_gmt":"2012-10-24T07:28:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-24T07:28:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7867","title":{"rendered":"OH3: Seizure of a handwritten journal was improper under a SW for computer entries"},"content":{"rendered":"<p>In a murder case, the police justified a search warrant for computers and computer records, and the police seized a written journal, too. The seizure of the written journal was outside the terms of the warrant, and it could not be justified by the plain view doctrine. It ultimately was found, however, to be harmless beyond a reasonable doubt. While there was evidence of motive in there, the defendant used other parts of the journal in defense to show that there was not motive. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/3\/2012\/2012-ohio-4878.pdf\">State v. Wangler<\/a>, 2012 Ohio 4878, 2012 Ohio App. LEXIS 4267 (3d Dist. October 22, 2012).<\/p>\n<p>Every circuit to have considered private actors under Monell has concluded that they are not governed by it. In Las Vegas, however, the symbiotic relationship between casino security and LVMPD for a summons in lieu of arrest of \u201ctrespassed\u201d professional gamblers was state action. Here, plaintiff was ejected five times before this one, and the claim against the casino under \u00a7 1983 fails. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/opinions\/2012\/10\/23\/09-16233.pdf\">Tsao v. Desert Palace<\/a>, 698 F.3d 1128 (9th Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7867\">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-7867","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7867","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=7867"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7867\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7867"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}