{"id":9601,"date":"2014-01-23T07:27:24","date_gmt":"2013-10-14T07:43:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-14T07:43:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9601","title":{"rendered":"AL: The exclusionary rule does not apply to a teacher discharge case"},"content":{"rendered":"<p>The exclusionary rule does not apply to a teacher discharge case. The teacher was a band teacher with 39 years on the job, and he left a gun in a locked classroom because he was leaving with students. He had had a concealed carry permit since he was 21 years old. A custodian found the gun and was told to bring it to the office. The rules were clear that a gun on campus could lead to termination. Even if there was a Fourth Amendment argument, the exclusionary rule did not apply. His Second Amendment argument is also rejected. Lambert v. Escambia County Bd. of Educ., 2013 Ala. Civ. App. LEXIS 229 (October 11, 2013). <\/p>\n<p>GPS was install pre-Jones on defendant\u2019s car in Arizona and it was tracked to Minnesota where defendant was arrested and indicted. The Davis good faith exception applies because the Ninth Circuit permitted it at the time it was installed. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/13\/10\/123903P.pdf\">United States v. Maldonado<\/a>, 2013 U.S. App. LEXIS 20690 (8th Cir. October 11, 2013).<\/p>\n<p>Defendant sold crack on the street but went into his place to get it. That gave probable cause to believe he had it inside the house. When he was arrested outside and the door was left open, officers could do a protective sweep to be sure no others inside seeing the arrest could destroy drugs until they got a search warrant. Crack was lawfully seen in plain view. <a href=\"http:\/\/www.la4th.org\/opinion\/2013\/342553.pdf\">State v. Lewis<\/a>, 126 So. 3d 652 (La.App. 4 Cir. 2013).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9601\">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-9601","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9601","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=9601"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9601\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9601"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}