{"id":12870,"date":"2014-08-08T08:22:58","date_gmt":"2014-08-08T13:22:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12870"},"modified":"2014-08-09T09:19:24","modified_gmt":"2014-08-09T14:19:24","slug":"ca7-warrantless-seizure-of-alleged-contraband-wasnt-covered-yet-by-ftca-gj-in-session","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12870","title":{"rendered":"CA7: Warrantless seizure of alleged contraband wasn&#8217;t covered yet by FTCA; GJ in session"},"content":{"rendered":"<p>The DEA\u2019s warrantless seizure of the plaintiff\u2019s fake incense products which the DEA considered contraband but wasn\u2019t declared such until just after the seizure didn\u2019t state a claim for separate relief yet for a seizure for forfeiture. The government apparently still contemplates a criminal action because grand jury subpoenas were served while this appeal was pending, a fact the court mentions. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2014\/D08-04\/C:13-3921:J:Flaum:aut:T:fnOp:N:1392389:S:0\">Smoke Shop LLC v. United States<\/a>, 2014 U.S. App. LEXIS 14990 (7th Cir. August 4, 2014).<\/p>\n<p>Defendant was stopped and the smell of a burning blunt was obvious. Defendant\u2019s argument that the officer couldn\u2019t be believed is belied by the blunt in the ashtray. United States v. Pecina, 2014 U.S. Dist. LEXIS 106922 (N.D. Ind. August 4, 2014).*<\/p>\n<p>A Memphis apartment complex had its own security officers who stopped anybody who didn\u2019t live there and asked for ID and what they were doing there. Defendant acted jumpy and nervous, and that led to his being frisked. This was purely a private search. United States v. Jones, 2014 U.S. Dist. LEXIS 106954 (W.D. Tenn. August 5, 2014),* R&#038;R 2014 U.S. Dist. LEXIS 107454 (W.D. Tenn. May 28, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The DEA\u2019s warrantless seizure of the plaintiff\u2019s fake incense products which the DEA considered contraband but wasn\u2019t declared such until just after the seizure didn\u2019t state a claim for separate relief yet for a seizure for forfeiture. The government apparently &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12870\">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":[43,35,37],"tags":[],"class_list":["post-12870","post","type-post","status-publish","format-standard","hentry","category-private-search","category-reasonable-suspicion","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12870","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=12870"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12870\/revisions"}],"predecessor-version":[{"id":12876,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12870\/revisions\/12876"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12870"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12870"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12870"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}