{"id":19544,"date":"2015-11-13T11:25:41","date_gmt":"2015-11-13T16:25:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19544"},"modified":"2015-11-16T09:33:45","modified_gmt":"2015-11-16T14:33:45","slug":"wv-si-for-fleeing-in-a-car-is-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19544","title":{"rendered":"WV: SI for fleeing in a car is unreasonable"},"content":{"rendered":"<p>Defendant was arrested for fleeing in a car and handcuffed. The search incident of the car was unreasonable because defendant was restrained and away from the car, and there was not reason to believe there was anything in the car that was evidence of fleeing with reckless indifference. <a href=\"http:\/\/www.courtswv.gov\/supreme-court\/docs\/fall2015\/14-0174.pdf\">State v. Noel<\/a>, 2015 W. Va. LEXIS 1098 (Nov. 6, 2015).<\/p>\n<p>Defendant did not show standing to complain that the Forest Service used a surveillance camera, a game camera, to take pictures of illegal hunting on non-Forest Service land. Whose land? What\u2019s his connection to it? United States v. Stancil, 2015 U.S. Dist. LEXIS 152445 (W.D.N.C. Nov. 10, 2015).*<\/p>\n<p>The smell of marijuana and defendant being on probation justified extending his stop. The officer\u2019s testimony supported the automobile exception. United States v. Heggs, 2015 U.S. Dist. LEXIS 150784 (D.Minn. Oct. 15, 2015), adopted  2015 U.S. Dist. LEXIS 151494 (D. Minn. Nov. 4, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested for fleeing in a car and handcuffed. The search incident of the car was unreasonable because defendant was restrained and away from the car, and there was not reason to believe there was anything in the car &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19544\">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":[51,26,34],"tags":[],"class_list":["post-19544","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-search-incident","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19544","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=19544"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19544\/revisions"}],"predecessor-version":[{"id":19570,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19544\/revisions\/19570"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19544"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19544"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}