{"id":20127,"date":"2015-12-28T00:03:54","date_gmt":"2015-12-28T05:03:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20127"},"modified":"2015-12-25T11:05:10","modified_gmt":"2015-12-25T16:05:10","slug":"s-d-tex-def-driving-away-from-home-when-warrant-executed-he-couldnt-be-stopped-and-searched-under-this-warrant","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20127","title":{"rendered":"S.D.Tex.: Def driving away from home when warrant executed; he couldn&#8217;t be stopped and searched under this warrant"},"content":{"rendered":"<p>Officers elected to wait to execute the search warrant on defendant\u2019s house until after he left it.  Defendant was driving away from his residence when he was stopped, and he was searched and brought back. The stop and search of his car away from the residence was unreasonable. United States v. Mendez, 2015 U.S. Dist. LEXIS 171643 (S.D.Tex. Dec. 23, 2015).<\/p>\n<p>Defendant\u2019s affidavit in support of his motion to suppress does not support his standing in the vehicle stopped and searched. He has two weeks to file a supplemental affidavit showing standing. United States v. Bethea, 2015 U.S. Dist. LEXIS 171720 (E.D.N.Y. Dec. 23, 2015) (see \u00a7 60.30 n.2).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers elected to wait to execute the search warrant on defendant\u2019s house until after he left it. Defendant was driving away from his residence when he was stopped, and he was searched and brought back. The stop and search of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=20127\">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":[66,16],"tags":[],"class_list":["post-20127","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20127","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=20127"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20127\/revisions"}],"predecessor-version":[{"id":20128,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20127\/revisions\/20128"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20127"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20127"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20127"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}