{"id":11414,"date":"2014-05-04T05:00:37","date_gmt":"2014-05-04T10:00:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11414"},"modified":"2014-05-03T11:25:33","modified_gmt":"2014-05-03T16:25:33","slug":"ky-shot-fired-from-car-in-flight-reason-for-search-of-car-no-violation-of-gant","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11414","title":{"rendered":"KY: Shot fired from car in flight reason for search of car; no violation of Gant"},"content":{"rendered":"<p>Officers could perform a search incident of defendant\u2019s vehicle because a shot was fired from it in flight. This was not a violation of Gant. The search could also be justified by inventory. <a href=\"http:\/\/162.114.92.72\/COA\/2012-CA-000561.pdf#xml=http:\/\/162.114.92.72\/dtsearch.asp?cmd=pdfhits&#038;DocId=25453&#038;Index=D%3a%5cInetpub%5cwwwroot%5cindices%5cCourt%5fof%5fAppeals%5fIndex&#038;HitCount=31&#038;hits=19+44+a8+de+10f+143+14e+16c+1a3+1b5+1d4+1ed+208+20d+218+2bf+2db+2f6+317+39d+3b9+3e4+407+4d7+50b+521+562+611+63d+66a+762+&#038;hc=32&#038;req=Hinchey\">Hinchey v. Commonwealth<\/a>,  2014 Ky. App. LEXIS 70 (May 2, 2014).*<\/p>\n<p>The fact the county name on a license plate was covered up is justification for a stop under Iowa law. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Supreme_Court\/Supreme_Court_Opinions\/Recent_Opinions\/20140502\/12-0139.pdf\">State v. Harrison<\/a>, 2014 Iowa Sup. LEXIS 47 (May 2, 2014).*<\/p>\n<p>Defendant was in the middle of three vehicles driving together. The front vehicle had its headlights off at 1 am. The officer pulled in behind and turned on his lights. The back vehicle pulled over, but the officer didn\u2019t stop. The two stopped together, and the officer pulled behind defendant so his back wouldn\u2019t be on anybody. He asked defendant for his ID and papers, and it was all without reasonable suspicion. Defendant didn\u2019t do anything to justify producing his papers. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/SupCt\/2014\/20140502\/102071.pdf\">State v. Reiss<\/a>, 2014 Kan. LEXIS 183 (May 2, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers could perform a search incident of defendant\u2019s vehicle because a shot was fired from it in flight. This was not a violation of Gant. The search could also be justified by inventory. Hinchey v. Commonwealth, 2014 Ky. App. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11414\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,35,26],"tags":[],"class_list":["post-11414","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11414","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=11414"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11414\/revisions"}],"predecessor-version":[{"id":11415,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11414\/revisions\/11415"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}