{"id":11802,"date":"2014-06-01T10:00:33","date_gmt":"2014-06-01T15:00:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11802"},"modified":"2014-06-02T06:30:08","modified_gmt":"2014-06-02T11:30:08","slug":"e-d-tex-there-is-no-magic-number-of-trash-runs-to-be-conducted-prior-to-the-issuance-of-a-search-warrant","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11802","title":{"rendered":"E.D.Tex.: \u201cthere is no magic number of \u2018trash runs\u2019 to be conducted prior to the issuance of a search warrant.\u201d"},"content":{"rendered":"<p>\u201cAs to Defendant&#8217;s challenge of a single trash run at forming probable cause, there is no magic number of \u2018trash runs\u2019 to be conducted prior to the issuance of a search warrant.\u201d Here, there was enough from one to make probable cause. United States v. Holley, 2014 U.S. Dist. LEXIS 72874 (E.D. Tex. May 21, 2014).<\/p>\n<p>The continuing detention of defendant was proper because of two different IDs on him. The dog sniff during this time was reasonable. United States v. Lovelady, 2014 U.S. Dist. LEXIS 72816 (D. Utah May 28, 2014).*<\/p>\n<p>Defendant claimed defense counsel was ineffective for not challenging the frisk of his person. Going to the merits of the frisk, the court finds it justified because he admitted having a knife and was under the influence of drugs. Since it was meritless, no IAC. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20140529\/13-1398.pdf\">State v. Riley<\/a>, 2014 Iowa App. LEXIS 577 (May 29, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAs to Defendant&#8217;s challenge of a single trash run at forming probable cause, there is no magic number of \u2018trash runs\u2019 to be conducted prior to the issuance of a search warrant.\u201d Here, there was enough from one to make &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11802\">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":[23,20,35],"tags":[],"class_list":["post-11802","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11802","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=11802"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11802\/revisions"}],"predecessor-version":[{"id":11834,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11802\/revisions\/11834"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11802"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11802"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}