{"id":13601,"date":"2014-10-07T17:08:15","date_gmt":"2014-10-07T22:08:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13601"},"modified":"2014-10-07T17:08:15","modified_gmt":"2014-10-07T22:08:15","slug":"tn-one-controlled-buy-3-days-ago-without-idg-source-person-was-not-pc-to-search-could-have-been-a-visitor","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13601","title":{"rendered":"TN: One controlled buy 3 days ago without ID&#8217;g source person was not PC to search; could have been a visitor"},"content":{"rendered":"<p>A CI\u2019s statement that a controlled buy occurred out of defendant\u2019s apartment failed to show probable cause where there was no connection to the sale and the owner or tenant shown. It could have been a mere visitor. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/hallgregoryopn.pdf\">State v. Hall<\/a>, 2014 Tenn. Crim. App. LEXIS 924 (October 3, 2014).<\/p>\n<p>Towing the vehicle defendant drove to the scene of a burglary was not legally justified, and the observation of matching a decal at the scene of the burglary with the vehicle is suppressed. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A151279A.pdf\">State v. Lambert<\/a>, 2014 Ore. App. LEXIS 1322 (October 1, 2014), reconsidering State v. Lambert, 263 Or. App. 683, 328 P.3d 824 (2014).*<\/p>\n<p>Defendant was walking between buildings in a housing project at 3:30 am, and it was a high crime area. The officer suspected defendant might be on the \u201cno trespassing\u201d list. There was no reasonable expectation of privacy from being approached to talk to him when defendant abandoned drugs. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/mcalpinroderickopn.pdf\">State v. McAlpin<\/a>, 2014 Tenn. Crim. App. LEXIS 923 (October 2, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A CI\u2019s statement that a controlled buy occurred out of defendant\u2019s apartment failed to show probable cause where there was no connection to the sale and the owner or tenant shown. It could have been a mere visitor. State v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13601\">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":[48,44,18],"tags":[],"class_list":["post-13601","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-informant-hearsay","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13601","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=13601"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13601\/revisions"}],"predecessor-version":[{"id":13603,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13601\/revisions\/13603"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13601"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}