{"id":29445,"date":"2017-09-27T03:39:46","date_gmt":"2017-09-27T08:39:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29445"},"modified":"2017-09-27T03:39:46","modified_gmt":"2017-09-27T08:39:46","slug":"m-d-la-bench-warrant-surfacing-for-def-made-pat-down-legal-by-inevitable-discovery-even-if-frisk-invalid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29445","title":{"rendered":"M.D.La.: Bench warrant surfacing for def made pat down legal by inevitable discovery even if frisk invalid"},"content":{"rendered":"

Officers responded to a wellness check and found two people passed out in a car. One couldn\u2019t be roused, but defendant could and he was removed from the car and patted down for officer safety. The patdown was reasonable. Even if not, inevitable discovery supports it based on the fact a bench warrant surfaced for defendant when his name was run. United States v. Poche, 2017 U.S. Dist. LEXIS 154828 (M.D. La. Sept. 22, 2017).*<\/p>\n

Defendant can appeal the denial of return of his $299 Xbox but he still has to pay the $505 filing fee because he didn\u2019t provide the proper IFP form. United States v. Bryant, 2016 U.S. Dist. LEXIS 190263 (N.D. Ala. April 29, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers responded to a wellness check and found two people passed out in a car. One couldn\u2019t be roused, but defendant could and he was removed from the car and patted down for officer safety. The patdown was reasonable. Even … 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":[68,67],"tags":[],"class_list":["post-29445","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29445","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=29445"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29445\/revisions"}],"predecessor-version":[{"id":29446,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29445\/revisions\/29446"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29445"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29445"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29445"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}