{"id":22328,"date":"2016-05-26T07:47:05","date_gmt":"2016-05-26T12:47:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22328"},"modified":"2016-05-26T07:47:05","modified_gmt":"2016-05-26T12:47:05","slug":"pa-trial-court-erred-in-finding-separate-room-in-apt-searched-with-sw-was-somebody-elses-separate-living-quarters","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22328","title":{"rendered":"PA: Trial court erred in finding separate room in apt searched with SW was somebody else&#8217;s separate living quarters"},"content":{"rendered":"<p>The search warrant was for an apartment, and there was no justification for the trial court\u2019s finding that a separate room inside was really separate living quarters for somebody else. There was no separate entrance or no mailbox. <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-S27045-16o%20-%201026729457153466.pdf?cb=1\">Commonwealth v. Korn<\/a>, 2016 PA Super 109, 2016 Pa. Super. LEXIS 290 (May 25, 2016).<\/p>\n<p>The driver committed a traffic violation but then didn\u2019t stop for another block committing other violations. When he got out of the car, his body movements suggested he was armed. It was a high crime area at night with recent shootings. The court finds the car search valid under two theories: probable cause or protective weapons search. United States v. Rockett, 2016 U.S. Dist. LEXIS 66018 (E.D. Mo. Mar. 11, 2016),* adopted 2016 U.S. Dist. LEXIS 65759 (E.D. Mo. May 19, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant was for an apartment, and there was no justification for the trial court\u2019s finding that a separate room inside was really separate living quarters for somebody else. There was no separate entrance or no mailbox. Commonwealth v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22328\">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":[59],"tags":[],"class_list":["post-22328","post","type-post","status-publish","format-standard","hentry","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22328","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=22328"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22328\/revisions"}],"predecessor-version":[{"id":22329,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22328\/revisions\/22329"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22328"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22328"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22328"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}