{"id":1706,"date":"2008-04-06T17:34:51","date_gmt":"2008-01-19T11:30:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-01-19T11:30:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1706","title":{"rendered":"If warrant invalid, detention of persons during execution likely is, too"},"content":{"rendered":"

Detention during execution of a valid warrant is permissible under Summers<\/em><\/a> and Muehler<\/em><\/a>, but detention during execution of an invalid<\/em> warrant may not be, so summary judgment is denied. Olson v. Oreck, 2008 U.S. Dist. LEXIS 2786 (E.D. Cal. January 11, 2008).*<\/p>\n

There was reasonable suspicion for the stop based on a woman climbing over the seat in a car in an area known for prostitution and drug activities, and the record is clear defendant consented. United States v. Bowman, 2008 U.S. Dist. LEXIS 2806 (S.D. W.Va. January 14, 2008).*<\/p>\n

Reasonable suspicion supported stop of car because of apparent drug activities of the passenger. United States v. Penaloza, 2008 U.S. Dist. LEXIS 2885 (D. Kan. January 14, 2008).*<\/p>\n

Defendant’s vehicles were seized on probable cause as to them and for forfeiture, so the fact they were not named in the warrant did not matter. An ion scan of the vehicles was thus validly done. United States v. Nelson, 530 F. Supp. 2d 719 (D. Md. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1706","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1706","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1706"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1706\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1706"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1706"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1706"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}