{"id":14700,"date":"2014-12-13T11:12:28","date_gmt":"2014-12-13T16:12:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14700"},"modified":"2014-12-15T16:17:54","modified_gmt":"2014-12-15T21:17:54","slug":"in-or-driver-arrested-for-suspended-dl-can-hand-off-purse-to-passenger-without-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14700","title":{"rendered":"In OR, driver arrested for suspended DL can hand off purse to passenger without search"},"content":{"rendered":"<p>When defendant was stopped and arrested for driving on a suspended DL, she refused consent to search her purse and wanted it given to the passenger for safekeeping. The police should have honored that request. The search of the purse produced methamphetamine. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A152068.pdf\">State v. Olendorff<\/a>, 2014 Ore. App. LEXIS 1705 (December 10, 2014) (decision under Oregon law).<\/p>\n<p>Defense counsel was not ineffective because he did, in fact, argue suppression motions that lost because the court had to rule against the defendant. Then admitting that the evidence found was his at trial wasn\u2019t ineffective either. Bell v. United States, 2014 U.S. Dist. LEXIS 171705 (D. Md. December 8, 2014).*<\/p>\n<p>There was a fact dispute on whether the police entered plaintiff\u2019s home forcibly or by consent, and \u201cThe district court neglected its duty to credit Reeder&#8217;s version of events.\u201d Reversed. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201314581.pdf\">Reeder v. City of Daytona Beach Police Chief<\/a>,  2014 U.S. App. LEXIS 23298 (11th Cir. December 11, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When defendant was stopped and arrested for driving on a suspended DL, she refused consent to search her purse and wanted it given to the passenger for safekeeping. The police should have honored that request. The search of the purse &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=14700\">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":[45,23,40],"tags":[],"class_list":["post-14700","post","type-post","status-publish","format-standard","hentry","category-45","category-ineffective-assistance","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14700","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=14700"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14700\/revisions"}],"predecessor-version":[{"id":14732,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14700\/revisions\/14732"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14700"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14700"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14700"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}