{"id":9973,"date":"2013-12-13T10:37:01","date_gmt":"2013-12-13T10:37:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-13T10:37:01","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9973","title":{"rendered":"D.Neb.: Short duration of occupancy doesn’t mean defendant couldn’t consent"},"content":{"rendered":"

Defendant had moved into the place he consented to a search of a week earlier. That was apparent authority for his consent. \u201cSurely, someone who just moved into a dwelling has as much right to consent or refuse a search as someone who has lived there for years.\u201d United States v. Ramirez, 2013 U.S. Dist. LEXIS 174030 (D. Neb. December 11, 2013).<\/p>\n

Defendant\u2019s 2255 claim that his lawyer didn\u2019t properly handle the suppression issues is completely belied by the record. United States v. Garibay, 2013 U.S. Dist. LEXIS 173871 (S.D. Cal. December 10, 2013).*<\/p>\n

\u201c[T]he odor of both PCP and marijuana coming from Scott’s vehicle provided him with probable cause to search the entire vehicle for illegal drugs \u2013 including the side pocket of the driver’s door where the subject gun was immediately visible upon opening the door.\u201d United States v. Scott, 2013 U.S. Dist. LEXIS 173765 (W.D. Mo. November 17, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-9973","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9973","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=9973"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9973\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9973"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9973"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9973"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}