{"id":2073,"date":"2008-05-11T12:32:10","date_gmt":"2008-05-11T12:31:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-05-11T12:31:28","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=2073","title":{"rendered":"Defendant&#8217;s lawful seizure pending issuance of a search warrant for his premises was not unduly long so as to be unreasonable"},"content":{"rendered":"<p>Defendant was seized, but his person was not searched until a search warrant for his premises was issued.  The fact it was about an hour and twenty minutes did not make the detention unreasonable. United States v. Evans, 2008 U.S. Dist. LEXIS 37453 (E.D. Ky. May 7, 2008).*<\/p>\n<p>The search warrant in this case did not violate <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=438&amp;invol=154\"><em>Franks<\/em><\/a>.  Defendant made the \u201csubstantial preliminary showing\u201d and got his hearing, but he did not show that the officer\u2019s affidavit was in reckless disregard for the truth.  United States v. Dempsey, 2008 U.S. Dist. LEXIS 37555 (D. Del. May 8, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=2073\">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-2073","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2073","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=2073"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2073\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}