{"id":14280,"date":"2014-11-20T09:24:18","date_gmt":"2014-11-20T14:24:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14280"},"modified":"2014-11-20T09:24:18","modified_gmt":"2014-11-20T14:24:18","slug":"de-no-rs-for-this-probation-search-based-on-unverified-tip","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14280","title":{"rendered":"DE: No RS for this probation search based on unverified tip"},"content":{"rendered":"

Delaware requires that there be reasonable suspicion for a probation search. Here, a police officer passed on an unverified tip from an informant that defendant was selling drugs, and that was used for a home visit. Defendant had a couple of dirty UAs but no action reports had been written for him. Once officers were inside, defendant admitted to smoking marijuana. Tossing his apartment, officers found a gun safe and procured the key and searched it finding a gun. The gun was suppressed because the initial search was based on an unverified tip. State v. Johnson<\/a>, 2014 Del. Super. LEXIS 587 (October 30, 2014).<\/p>\n

Defendant was stopped because the side light of the car he was driving was broken. He made a furtive movement as he was stopping. It was a high crime area, and everybody in the car came back as having priors, although defendant first gave a fake name. After he was out of the car, a gun was in plain view. United States v. Bayya, 2014 U.S. Dist. LEXIS 162073 (D. Or. November 18, 2014).*<\/p>\n

IAC claim on direct appeal for failure to raise suppression motion was denied without prejudice to try it during post conviction proceedings. State v. Carter<\/a>, 2014 N.C. App. LEXIS 1140 (November 18, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Delaware requires that there be reasonable suspicion for a probation search. Here, a police officer passed on an unverified tip from an informant that defendant was selling drugs, and that was used for a home visit. Defendant had a couple … 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":[23,51,58,35],"tags":[],"class_list":["post-14280","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-plain-view","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14280","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=14280"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14280\/revisions"}],"predecessor-version":[{"id":14281,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14280\/revisions\/14281"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14280"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14280"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14280"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}