{"id":29401,"date":"2017-09-25T04:12:47","date_gmt":"2017-09-25T09:12:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29401"},"modified":"2017-09-25T04:12:47","modified_gmt":"2017-09-25T09:12:47","slug":"w-d-la-dismantling-car-battery-within-scope-of-consent-to-search-car-when-drugs-suspected-there","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29401","title":{"rendered":"W.D.La.: Dismantling car battery within scope of consent to search car when drugs suspected there"},"content":{"rendered":"<p>Merely touching the fog line isn\u2019t a safety factor, but the Louisiana courts have sustained that as a reason for a stop, so this court finds this stop reasonable. Defendant consented to a search of the car, and that would include under the hood. Because drugs were suspected to be and were in the battery, the authorized scope of the search included dismantling the battery. United States v. Hernandez, 2017 U.S. Dist. LEXIS 154656 (W.D. La. Aug. 4, 2017),* adopted, 2017 U.S. Dist. LEXIS 153914 (W.D. La. Sept. 20, 2017).*<\/p>\n<p>Defendant\u2019s driving erratically in a Wendy\u2019s parking lot while communicating with the CI about where the guy was he was supposed to meet up for a drug deal was reasonable suspicion. <a href=\"http:\/\/www.la-fcca.org\/opiniongrid\/opinionpdf\/2017%20KA%200080%20Decision%20Appeal.pdf\">State v. Brumfield<\/a>, 2017 La. App. LEXIS 1684 (La.App. 1 Cir. Sept. 21, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Merely touching the fog line isn\u2019t a safety factor, but the Louisiana courts have sustained that as a reason for a stop, so this court finds this stop reasonable. Defendant consented to a search of the car, and that would &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=29401\">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":[35,59],"tags":[],"class_list":["post-29401","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29401","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=29401"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29401\/revisions"}],"predecessor-version":[{"id":29402,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29401\/revisions\/29402"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29401"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29401"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29401"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}