{"id":7972,"date":"2014-01-31T08:36:33","date_gmt":"2012-11-17T10:34:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-11-17T10:34:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7972","title":{"rendered":"FL4: Defendant had not abandoned a sweatshirt he was hand<em>ing<\/em> to another"},"content":{"rendered":"<p>Defendant was confronted by the police walking in a park with a companion. As the officer got close, he handed the sweatshirt in his hand to his companion and the officer grabbed it. Defendant\u2019s hand was still on it, so that was not an abandonment, and he still had control over it. The seizure was invalid. <a href=\"http:\/\/www.4dca.org\/opinions\/Nov%202012\/11-14-12\/4D11-4346op.pdf\">B.L. v. State<\/a>, 127 So. 3d 552 (Fla. 4th DCA 2012).*<\/p>\n<p>Officers had information from a good source that defendant was at a particular address, and they had an arrest warrant. They knocked at the door, and nobody answered. They went to the back and found a man who said that Stoekel was the tenant. They went back to the front door, and Stoekel finally answered the door. He would not consent to an entry to search for defendant but he let the officers into the living room. Once in the living room, a discussion of the crime of harboring got Stoekel to point upstairs. That was consent to go upstairs, and defendant was found asleep with a gun next to him. That was valid consent. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/12\/11\/121353P.pdf\">United States v. Collins<\/a>, 699 F.3d 1039 (8th Cir. 2012).*<\/p>\n<p>Defendant \u201cindicated\u201d during his valid stop that he was attempting to flee, and that supported an arrest and search incident. <a href=\"http:\/\/www.lacoa2.org\/archives\/docs\/942fd6.pdf\">State v. Durham<\/a>, 107 So. 3d 755 (La. App. 2 Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7972\">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-7972","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7972","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=7972"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7972\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7972"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}