{"id":991,"date":"2012-02-16T13:04:34","date_gmt":"2007-05-15T07:21:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-05-15T07:21:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=991","title":{"rendered":"A search warrant for drugs permitted police to lift floorboards in house"},"content":{"rendered":"<p>Police had a search warrant for drugs based on an informant buy. When executing the warrant, lifting floorboards was within the scope of search. Although there was only a small quantity of drugs involved, the floorboard could be removed by hand and without tools. United States v. Handy, 2007 U.S. Dist. LEXIS 34739 (D. Mass. May 11, 2007).<\/p>\n<p>A technical violation of the pen register statute, 18 U.S.C. \u00a7 3122, was a statutory violation only and not a constitutional violation. Therefore, suppression was not required under <em>Smith v. Maryland<\/em>. Congress did not provide for a suppression remedy, so the court would not. (Hudson was cited at the end of a footnote.)  United States v. German, 486 F.3d 849 (5th Cir. 2007):<\/p>\n<blockquote><p>Moreover, even in constitutional cases the Supreme Court has recently cautioned against expanding the exclusionary rule, emphasizing that suppression is a &#8220;last resort&#8221; that generates &#8220;substantial social costs.&#8221; <em>Hudson v. Michigan,<\/em> 126 S. Ct. 2159, 2163 (2006).<\/p><\/blockquote>\n<p>Brief delay of a FedEx package in transit at Orange County airport for a dog sniff because it was selected for a dog sniff with six others was not an unreasonable interference with the movement of the package. The dog alerted and a warrant was obtained. United States v. Quoc Viet Hoang, 486 F.3d 1156 (9th Cir. 2007).*<\/p>\n<p>Defendant&#8217;s unconditional plea waived his search issue. If he wants to raise that issue, it should be by a post-conviction petition. United States v. Tucker, 232 Fed. Appx. 597 (7th Cir. 2007)* (unpublished).<\/p>\n<p>Stop of defendant&#8217;s rental car for having tags that did not match the car was reasonable. United States v. Salazar, 245 Fed. Appx. 1 (11th Cir. 2007)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=991\">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-991","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/991","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=991"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/991\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=991"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=991"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=991"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}