{"id":28924,"date":"2017-09-11T17:11:16","date_gmt":"2017-09-11T22:11:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28924"},"modified":"2017-09-17T13:41:24","modified_gmt":"2017-09-17T18:41:24","slug":"m-d-pa-even-if-carpenter-prevails-in-scotus-it-doesnt-matter-pre-carpenter","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=28924","title":{"rendered":"M.D.Pa.: Even if Carpenter prevails in SCOTUS, it doesn’t matter pre-Carpenter<\/em>"},"content":{"rendered":"

Even if Carpenter goes in favor of the privacy interest, it has no effect on CSLI searches that occurred before. A bench warrant that showed up for defendant\u2019s arrest justified a search incident of his person. There was also probable cause for a search of his vehicle. United States v. Coles, 2017 U.S. Dist. LEXIS 145489 (M.D. Pa. Sept. 8, 2017).<\/p>\n

Defendant’s motion to suppress was properly denied: The traffic stop was valid since defendant’s fianc\u00e9e failed to use her turn signal, and even if the information an informant provided was unreliable, it would not warrant suppression of the evidence. Defendant’s continued detention was not unlawful under the totality of circumstances because the officer testified that he knew defendant, that he had received reliable information from a CI defendant had drugs in the vehicle, and that defendant’s demeanor continued to make him nervous. Defendant\u2019s fianc\u00e9e’s consent to the search of the vehicle was obtained prior to the completion of the traffic stop and was freely given. Rainey v. State<\/a>, 2017 Ark. App. 427, 2017 Ark. App. LEXIS 461 (Sept. 6, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Even if Carpenter goes in favor of the privacy interest, it has no effect on CSLI searches that occurred before. A bench warrant that showed up for defendant\u2019s arrest justified a search incident of his person. There was also probable … Continue reading →<\/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":[1],"tags":[],"class_list":["post-28924","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28924","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=28924"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28924\/revisions"}],"predecessor-version":[{"id":28925,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28924\/revisions\/28925"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28924"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}