{"id":2006,"date":"2008-04-21T06:44:45","date_gmt":"2008-04-21T06:21:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-21T06:21:05","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=2006","title":{"rendered":"Consent to search premises normally does not include persons of guests, but here, officer feared a gun, so she could search a guest&#8217;s handbag"},"content":{"rendered":"<p>Consent to search a house immediately after a drug deal there permitted a search of a large handbag of a guest on the premises. Normally, consent does not extend to the persons of guests not shown to be linked to the crime under investigation, but here the search of the bag was reasonably related to officer safety because it was clearly large enough to hold a gun. <a href=\"http:\/\/www.aopc.org\/OpPosting\/Superior\/out\/s01023_08.pdf\">Commonwealth v. Grahame<\/a>, 2008 PA Super 73, 2008 Pa. Super. LEXIS 581 (April 18, 2008).*<\/p>\n<p>Defense counsel was not ineffective for not moving to suppress evidence taken from a storage unit by police that turned out to have been stolen property because the issue was not properly developed by putting the search warrant into evidence at the post-conviction hearing. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2008\/2008-ohio-1874.pdf\">State v. Lloyd<\/a>, 2008 Ohio 1874, 2008 Ohio App. LEXIS 1603 (2d Dist. April 18, 2008).*<\/p>\n<p>Taking the defendant&#8217;s statements in a motion to suppress as true, that his mother-in-law was the CI and she had a deep hatred for the defendant, did not rise to the level of a <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=438&amp;invol=154\"><em>Franks<\/em><\/a> violation because even including that information would not nullify the probable cause otherwise show. United States v. Hernandez-Montez, 2008 U.S. Dist. LEXIS 31986 (D. Ore. April 15, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=2006\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-2006","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2006","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=2006"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2006\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2006"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}