{"id":13706,"date":"2014-10-13T05:40:53","date_gmt":"2014-10-13T10:40:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13706"},"modified":"2014-10-14T07:48:11","modified_gmt":"2014-10-14T12:48:11","slug":"ca7-davis-gfe-saves-pre-jardines-type-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13706","title":{"rendered":"CA7: Davis GFE saves pre-Jardines-type search"},"content":{"rendered":"<p>Defendant was remanded for resentencing, and he sought to reopen his suppression hearing in light of Jardines. Agreeing that a \u201cchange in the law\u201d can justify departure from the mandate of reversal, defendant loses on the Jardines argument because it is foreclosed already in this circuit by Davis. Circuit law authorized the police conduct prior to Jardines, so the search there was in good faith. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2014\/D10-10\/C:13-3210:J:PerCuriam:aut:T:npDp:N:1433323:S:0\">United States v. Herman<\/a>, 2014 U.S. App. LEXIS 19345 (7th Cir. October 10, 2014).*<\/p>\n<p>During defendant\u2019s police interrogation, he was asked if he\u2019d consent to a search of his house. And, if he had more drugs and weapons there they wouldn\u2019t pile more charges on. Defendant denied having more and consented, but drugs were found. The officer didn\u2019t get consent by a false promise based on defendant\u2019s denial. United States v. White, 2014 U.S. Dist. LEXIS 144307 (N.D. Ind. October 10, 2014), R&#038;R 2014 U.S. Dist. LEXIS 145926 (N.D. Ind. July 16, 2014).*<\/p>\n<p>Eyewitness information of defendant\u2019s involvement plus CIs\u2019 information plus defendant\u2019s admission he was at the scene was sufficient to provide probable cause for defendant\u2019s arrest. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/brownkennethopn_0.pdf\">State v. Brown<\/a>, 2014 Tenn. Crim. App. LEXIS 945 (October 9, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was remanded for resentencing, and he sought to reopen his suppression hearing in light of Jardines. Agreeing that a \u201cchange in the law\u201d can justify departure from the mandate of reversal, defendant loses on the Jardines argument because it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13706\">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":[50,24,27,11],"tags":[],"class_list":["post-13706","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent","category-dog-sniff","category-good-faith-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13706","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=13706"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13706\/revisions"}],"predecessor-version":[{"id":13724,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13706\/revisions\/13724"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13706"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13706"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13706"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}