{"id":9113,"date":"2013-12-31T06:46:26","date_gmt":"2013-07-23T00:56:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-07-22T17:47:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9113","title":{"rendered":"C.D.Ill.: Reasonable for officers to pull guns on people found at a large open field marijuana grow"},"content":{"rendered":"<p>When officers are searching open fields for a large marijuana grow and they encounter people reasonably suspected to be involved with it, it is reasonable to draw their weapons and order those people to the ground for officer safety. It still was a Terry stop at that point. United States v. Gerardo, 2013 U.S. Dist. LEXIS 100953 (C.D. Ill. July 19, 2013).<\/p>\n<p>The Secret Service had probable cause to believe that there was software on defendant\u2019s computer for counterfeiting checks. They got a search warrant for the computer for the search for the software and stumbled upon child pornography. That search was stopped and another search warrant was obtained for child porn. The first valid warrant was an independent source for the second. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/123430np.pdf\">United States v. Carter<\/a>, 530 Fed. Appx. 199 (3d Cir. 2013).<\/p>\n<p>The \u201cencounter\u201d with a vehicle under Oregon law has to be \u201cin connection with a crime\u201d for the automobile exception to apply. That happened here. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A149582.pdf\">State v. Finlay<\/a>, 257 Ore. App. 581,  307 P.3d 518 (2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9113\">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-9113","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9113","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=9113"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9113\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9113"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9113"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9113"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}