{"id":15565,"date":"2015-01-23T09:26:59","date_gmt":"2015-01-23T14:26:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15565"},"modified":"2015-01-23T09:26:59","modified_gmt":"2015-01-23T14:26:59","slug":"nc-while-watching-a-house-just-before-sw-execution-in-a-drug-case-transfer-of-boxes-between-cars-was-rs-for-visitors-car","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15565","title":{"rendered":"NC: While watching a house just before SW execution in a drug case, transfer of boxes between cars was RS for visitor’s car"},"content":{"rendered":"

Reasonable suspicion here came from the fact that defendant transferred boxes from the vehicle of a target of a search warrant to his own while officers were watching, warrant in hand. His driving wasn\u2019t evasive, and he likely didn\u2019t even know he was being followed, but there was independent reasonable suspicion based on the box transfer. State v. McKnight<\/a>, 2015 N.C. App. LEXIS 18 (January 20, 2015).<\/p>\n

Defendant was in a minor accident, but the police came and found him under the influence of something. The officer suspected it was marijuana. The officer made the decision to arrest and tow his vehicle. Defendant was asked if he had any marijuana on him so he wouldn\u2019t be introducing it into the jail. In plain view was a \u201cGuy Fawkes\u201d mask that the officer recognized. In an inventory the officer found an apparent Molotov Cocktail in a bottle in the trunk. That led to his indictment for possession of an incendiary device. The inventory was reasonable, and the protocol doesn\u2019t have to be followed to a \u201cT.\u201d He was 20 years old, and his father consented to a search of his bedroom, and more were found. That was reasonable, too. United States v. Buchanan, 2015 U.S. Dist. LEXIS 6117 (M.D. Tenn. January 20, 2015).*<\/p>\n

Use of a subpoena to get IP information in a child pornography case was lawful under Smith v. Maryland. \u201c\u2018Every federal court to address this issue has held that subscriber information provided to an Internet Provider is not protected by the Fourth Amendment’s privacy expectation.\u2019 United States v. Perrine, 518 F.3d 1196, 1204 (10th Cir. 2008) (collecting cases); …\u201d United States v. Torres, 2015 U.S. Dist. LEXIS 6330 (S.D. Ga. January 14, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Reasonable suspicion here came from the fact that defendant transferred boxes from the vehicle of a target of a search warrant to his own while officers were watching, warrant in hand. His driving wasn\u2019t evasive, and he likely didn\u2019t even … 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":[42,39,35],"tags":[],"class_list":["post-15565","post","type-post","status-publish","format-standard","hentry","category-informational-privacy","category-inventory","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15565","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=15565"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15565\/revisions"}],"predecessor-version":[{"id":15566,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15565\/revisions\/15566"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15565"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15565"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15565"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}