{"id":1194,"date":"2007-11-01T08:38:00","date_gmt":"2007-07-28T16:28:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-07-28T16:28:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1194","title":{"rendered":"Search of backpack on entry to a music festival was a private search; after police learned of it, they had probable cause to search themselves"},"content":{"rendered":"

The defendant was entering a music festival and private security searched his backpack. The security person told the police nearby who conducted his own search incident on probable cause. The initial search was a private search, and it led to probable cause to search further by the police. People v. Ruppert<\/a>, 2007 NY Slip Op 6182, 42 A.D.3d 817, 839 N.Y.S.2d 866 (3d Dept. 2007).*<\/p>\n

California holds that a local ordinance permitting vehicle forfeitures for minor nuisance offenses, such as soliciting a prostitute, are preempted by state law. O’Connell v. City of Stockton<\/a>, 41 Cal. 4th 1061, 63 Cal. Rptr. 3d 67, 162 P.3d 583 (2007).*<\/p>\n

Informant’s reliability about a marijuana trafficking investigation led to a trash pull. That did not provide much support for trafficking, but evidence of marijuana use was found. The search warrant was for evidence of distribution, but that would be severed from the search warrant because the trash pull only gave reason to believe that there was additional marijuana in the house, but not evidence of trafficking. Court of appeals order suppressing the search reversed. People v. Keller<\/a>, 479 Mich. 467 (2007).*<\/p>\n

Despite citizen informant’s tip, the officers had no reasonable suspicion to believe that anything illegal was occurring when defendant was pulled over. Their own testimony showed that any traffic offense that occurred was after the blue lights came on. Stop suppressed. State v. Melvin<\/a>, 2007 Ohio 3779, 2007 Ohio App. LEXIS 3441 (8th Dist. July 26, 2007).*<\/p>\n

Similarly, the same court held the same day that a 911 call that somebody was knocking on their door at 11 pm who went away did not justify stopping a car with three juveniles in it and seeking consent to search a backpack in which alcohol was found. City of Brecksville v. Jones<\/a>, 2007 Ohio 3770, 2007 Ohio App. LEXIS 3440 (July 26, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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