{"id":8468,"date":"2013-04-16T13:41:33","date_gmt":"2013-03-08T08:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-08T07:38:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8468","title":{"rendered":"CA2: Opened ended consent permitted officer to read letter in car trunk during search"},"content":{"rendered":"<p>The nature of plaintiff\u2019s consent to search her car was open ended. The officer asked about \u201cguns and bombs\u201d and she said no and he could look. The officer pulled a letter out of an open envelope from a court to her husband, put it back, and let her go because nothing of interest was found. The officer had qualified immunity because of the open-ended consent search. <a href=\"http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/bc39eeaa-73b9-4d84-b090-da413692823a\/2\/hilite\/\">Winfield v. Trottier<\/a>, 710 F.3d 49 (2d Cir. 2013).*<\/p>\n<p>Defense counsel can\u2019t be ineffective for not making a motion to suppress that would have lost, here about a plain view during defendant\u2019s arrest and protective sweep that led to 404(b) evidence at this trial of cocaine on the floor. Davis v. United States, 2013 U.S. Dist. LEXIS 30924 (E.D. Tenn. March 6, 2013).*<\/p>\n<p>It appeared to the officers that defendant and his girlfriend shared the bedroom, so that gave her common authority to consent to a search of it. United States v. Dantzler, 2013 U.S. Dist. LEXIS 31492 (E.D. N.Y. March 6, 2013).*<\/p>\n<p>The court credits the officers that one of them saw a gun pulled by the defendant in a high crime area, and that led to his stop. United States v. Abney, 2013 U.S. Dist. LEXIS 31336 (D. N.J. March 6, 2013).*<\/p>\n<p>The officer stopped defendant for wandering on the road, and the court believes the officer. The video of the driving encounter doesn\u2019t contradict the officer or help the defendant. United States v. Coleman, 2013 U.S. Dist. LEXIS 30429 (S.D. Ill. March 6, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8468\">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-8468","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8468","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=8468"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8468\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8468"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}