{"id":8214,"date":"2013-07-18T09:50:02","date_gmt":"2013-01-11T10:00:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-01-11T10:00:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8214","title":{"rendered":"SC: Tennis ball found during a patdown could be removed; officer couldn&#8217;t tell what it was"},"content":{"rendered":"<p>A tennis ball in defendant\u2019s pocket found during a patdown could be removed because the officer couldn\u2019t tell what it was. When it was removed, a plastic bag could be seen though a cut in it. This is different than <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7218526854673273191&amp;q=Dickerson&amp;hl=en&amp;as_sdt=1002\">Dickerson<\/a>. <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/HTMLFiles\/SC\/27207.pdf\">State v. Taylor<\/a>, 401 S.C. 104, 736 S.E.2d 663 (2013).<\/p>\n<p>Defendant was a police officer living in a rental house owned by his parents, and he had a computer in the commonly used basement. His mother had access to it and turned it on finding child pornography, which she reported. She had common authority to consent to a search of the basement. Extra hard drives in a box were in plain view, and the officers\u2019 knowledge gave them reason to believe the incriminating nature was immediately apparent. The hard drives could be seized for a later search with a warrant. <a href=\"http:\/\/supremecourt.ne.gov\/sites\/supremecourt.ne.gov\/files\/sc\/opinions\/s12-206.pdf\">State v. Reinpold<\/a>, 284 Neb. 950, 824 N.W.2d 713 (January 4, 2013).<\/p>\n<p>The officer had reasonable suspicion for a continued stop based on excessive nervousness and inability to say where she had come from or was going. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/12\/12-30387.0.wpd.pdf\">United States v. Fajardo-Guevara<\/a>, 507 Fed. Appx. 365 (5th Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8214\">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-8214","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8214","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=8214"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8214\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8214"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8214"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8214"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}