{"id":23433,"date":"2016-08-23T06:41:56","date_gmt":"2016-08-23T11:41:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23433"},"modified":"2016-08-23T06:41:56","modified_gmt":"2016-08-23T11:41:56","slug":"mo-sw-for-first-structure-on-left-was-particular-where-the-actual-first-was-a-hidden-building-and-second-was-a-shed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23433","title":{"rendered":"MO: SW for first structure on left was particular where the actual first was a hidden building and second was a shed"},"content":{"rendered":"<p>Defendant claimed that the search warrant wasn\u2019t particular enough because it described defendant\u2019s house as the first structure on the left on private road. Defendant shows that there were two others, but the first wasn\u2019t visible from the road and the second was just a shed. This was sufficient particularity. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=104694\">State v. Hardy<\/a>, 2016 Mo. App. LEXIS 792 (Aug. 18, 2016) [Note to readers: While generally the product of a search can never justify it [except perhaps for the unfortunate Utah v. Strieff], that rule doesn\u2019t apply to particularity. If the police found the right house and didn\u2019t hit the wrong one first or second, and that has happened plenty of time, the proof is in the pudding.]<\/p>\n<p>Stop sign violation was reasonable suspicion for defendant\u2019s stop, then he fled from the car. <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/15p0044.pdf\">Commonwealth v. Brantley<\/a>, 2016 Mass. App. LEXIS 103 (Aug. 18, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant claimed that the search warrant wasn\u2019t particular enough because it described defendant\u2019s house as the first structure on the left on private road. Defendant shows that there were two others, but the first wasn\u2019t visible from the road and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=23433\">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":[65],"tags":[],"class_list":["post-23433","post","type-post","status-publish","format-standard","hentry","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23433","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=23433"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23433\/revisions"}],"predecessor-version":[{"id":23434,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23433\/revisions\/23434"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23433"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23433"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23433"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}