{"id":14326,"date":"2014-11-22T10:14:17","date_gmt":"2014-11-22T15:14:17","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14326"},"modified":"2014-11-23T20:25:19","modified_gmt":"2014-11-24T01:25:19","slug":"la2-state-loses-a-cocaine-search-issue-apparently-by-not-arguing-all-alternative-grounds","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14326","title":{"rendered":"LA2: State loses a cocaine search issue, apparently by not arguing all alternative grounds"},"content":{"rendered":"

A car was pulled over and two men fled from it. A third in the back seat was asleep or passed out, and he was awakened by officers banging on the windows. When he awoke, he refused to show his hands, and he was removed. The car was searched incident to arrest, and cocaine was found. This was not sustainable as a search incident because it\u2019s weak there would be evidence there, and there was at best reasonable suspicion and no probable cause for the automobile exception because of the flight of the two others. Reversed. [This is a cautionary tale for prosecutors because it omits two critical issues that should have won, apparently because they were<\/del> it was<\/em> not argued by the state: (1) Where is this defendant\u2019s standing to contest a search of the car? (2)<\/del> Why wasn\u2019t a Long protective weapons search argued by the state because of the furtive movement down in front of the seat? The briefs are apparently not online. Update and correction:<\/strong> I am informed by a reader that Louisiana grants automatic standing by Art. 1, \u00a7 5 of the state constitution, so ignore the first reference.] State v. Monroe<\/a>, 2014 La. App. LEXIS 2743 (La.App. 2 Cir. November 19, 2014).<\/p>\n

Plaintiff was at an airport awaiting an unassisted minor on a US Airway flight. When the child didn\u2019t arrive, she found out that the child missed her connection and was likely on the next flight. She felt that the airline\u2019s customer service was less than adequate in dealing with the situation and her, and she started to make a scene. An officer came up to her and told her to quiet down or leave the airport, and she refused, and he ultimately handcuffed and arrested her. There are fact disputes for trial on the First and Fourth Amendment claim for lack of arguable probable cause for arrest. Brown v. Hoffman<\/a>, 2014 NY Slip Op 08099, 2014 N.Y. App. Div. LEXIS 8035 (3d Dept. November 20, 2014).* For a recitation of the facts see WaPo: Airport First and Fourth Amendment claim may go forward<\/a> by Eugene Volokh.<\/p>\n","protected":false},"excerpt":{"rendered":"

A car was pulled over and two men fled from it. A third in the back seat was asleep or passed out, and he was awakened by officers banging on the windows. When he awoke, he refused to show his … 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":[45,66,40,73],"tags":[],"class_list":["post-14326","post","type-post","status-publish","format-standard","hentry","category-45","category-burden-of-proof","category-qualified-immunity","category-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14326","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=14326"}],"version-history":[{"count":6,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14326\/revisions"}],"predecessor-version":[{"id":14366,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14326\/revisions\/14366"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14326"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14326"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14326"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}