{"id":26092,"date":"2017-03-05T18:40:19","date_gmt":"2017-03-05T23:40:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26092"},"modified":"2017-03-05T18:40:19","modified_gmt":"2017-03-05T23:40:19","slug":"or-telling-def-to-let-out-dogs-so-police-could-search-his-house-was-not-his-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26092","title":{"rendered":"OR: Telling def to let out dogs so police could search his house was not his consent"},"content":{"rendered":"<p>The officers showed up to search defendant\u2019s house and told him that he could let his dogs out or they would do it before the search. His letting the dogs out wasn\u2019t consent to the search. \u201cMoreover, under the totality of the circumstances, Larson&#8217;s statement cannot reasonably be understood as a request to obtain consent.\u201d The weighty privacy in the home makes the state&#8217;s burden higher. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A155687.pdf\">State v. Watts<\/a>, 284 Ore. App. 146, 2017 Ore. App. LEXIS 284 (March 1, 2017).<\/p>\n<p>Officers lacked probable cause to arrest the plaintiff under New Mexico law. And, at the time of the arrest in November 2010, there was no controlling authority in New Mexico that provided probable cause, and that provides an alternative ground to decide the case. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/15\/15-2020.pdf\">Park v. Gaitan<\/a>, 2017 U.S. App. LEXIS 3898 (10th Cir. March 1, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officers showed up to search defendant\u2019s house and told him that he could let his dogs out or they would do it before the search. His letting the dogs out wasn\u2019t consent to the search. \u201cMoreover, under the totality &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26092\">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":[24,40],"tags":[],"class_list":["post-26092","post","type-post","status-publish","format-standard","hentry","category-consent","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26092","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=26092"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26092\/revisions"}],"predecessor-version":[{"id":26093,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26092\/revisions\/26093"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26092"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26092"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26092"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}