{"id":12122,"date":"2014-06-20T02:58:58","date_gmt":"2014-06-20T07:58:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12122"},"modified":"2014-06-19T16:25:50","modified_gmt":"2014-06-19T21:25:50","slug":"ky-state-gets-to-argue-standing-on-appeal-even-though-it-didnt-raise-it-below","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12122","title":{"rendered":"KY: State gets to argue standing on appeal even though it didn’t raise it below"},"content":{"rendered":"

Although the state didn\u2019t raise standing below, it gets to based on the theory of \u201caffirming on any ground shown by the record.\u201d The record here showed no standing in the defendant\u2019s grandfather\u2019s house where he was running a meth lab. Alternative to the standing argument, the entry was justified under the exigency of a working meth lab. Hawley v. Commonwealth<\/a>, 2014 Ky. App. LEXIS 102 (June 13, 2014). [Note that Steagald v. United States (1981)<\/a> holds that acquiescing in standing bars the prosecution from arguing against it on appeal.]<\/p>\n

Defendant was asleep on his porch and an officer approached. There is an implied license to approach a person on his porch in public, and the entry onto the porch to talk to defendant didn\u2019t violate Jardines. Maloney v. Commonwealth<\/a>, 2014 Ky. App. LEXIS 101 (June 13, 2014).<\/p>\n

Speeding and odor of alcohol is reasonable suspicion. Whether probable cause was shown for the FST hasn\u2019t been decided, so the case is remanded. State v. Mossman<\/a>, 2014-Ohio-2620, 2014 Ohio App. LEXIS 2560 (10th Dist. June 17, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Although the state didn\u2019t raise standing below, it gets to based on the theory of \u201caffirming on any ground shown by the record.\u201d The record here showed no standing in the defendant\u2019s grandfather\u2019s house where he was running a meth … Continue reading →<\/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":[19,35,34],"tags":[],"class_list":["post-12122","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12122","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=12122"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12122\/revisions"}],"predecessor-version":[{"id":12123,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12122\/revisions\/12123"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12122"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12122"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12122"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}