{"id":10828,"date":"2014-04-11T09:25:27","date_gmt":"2014-04-11T15:25:27","guid":{"rendered":"http:\/\/fourthamendment.com\/wordpress\/?p=10828"},"modified":"2014-04-14T03:27:39","modified_gmt":"2014-04-14T09:27:39","slug":"wy-affidavit-for-sw-for-blood-draw-in-felony-dui-was-conclusory-that-defendant-was-even-the-driver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=10828","title":{"rendered":"WY: Affidavit for SW for blood draw in felony DUI was conclusory that defendant was even the driver"},"content":{"rendered":"<p>The affidavit for defendant\u2019s BAC in this felony DUI case was order suppressed on appeal because it offered bare conclusions that defendant was the driver of the car. On what was presented to the issuing magistrate, it was completely lacking. <a href=\"http:\/\/courts.state.wy.us\/Opinions\/2014WY46.pdf\">Snell v. State<\/a>, 2014 WY 46, 2014 Wyo. LEXIS 49 (April 9, 2014).<\/p>\n<p>Defendant was stopped for texting while driving because he wandered out of his lane. The officer found him under the influence and arrested him. A valid inventory produced a pipe and marijuana. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/134401.U.pdf\">United States v. Wingle<\/a>, 2014 U.S. App. LEXIS 6596 (4th Cir. April 10, 2014).*<\/p>\n<p>2255 petitioner\u2019s conclusory allegation that the Fourth Amendment was violated by the police was insufficient to show that his plea should be set aside. United States v. Mulder, 2014 U.S. Dist. LEXIS 49552 (S.D. Tex. April 10, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for defendant\u2019s BAC in this felony DUI case was order suppressed on appeal because it offered bare conclusions that defendant was the driver of the car. On what was presented to the issuing magistrate, it was completely lacking. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=10828\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-10828","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10828","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10828"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10828\/revisions"}],"predecessor-version":[{"id":10829,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10828\/revisions\/10829"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10828"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10828"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10828"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}