{"id":30148,"date":"2017-11-14T08:53:04","date_gmt":"2017-11-14T13:53:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30148"},"modified":"2017-11-14T08:53:04","modified_gmt":"2017-11-14T13:53:04","slug":"d-neb-consent-didnt-extend-to-removing-pickups-bedliner-but-officer-had-pc-by-then","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30148","title":{"rendered":"D.Neb.: Consent didn’t extend to removing pickup’s bedliner, but officer had PC by then"},"content":{"rendered":"

The officer had probable cause for this traffic stop, and defendant was found to have consented to a search of his pickup truck. He observed it happening and never objected. [I hate that rationale.] By the time the bedliner was removed, the officer had probable cause for a vehicle search, so consent didn\u2019t matter. United States v. Cervantes, 2017 U.S. Dist. LEXIS 186431 (D.Neb. Oct. 25, 2017).<\/p>\n

Plaintiff\u2019s \u00a7 1983 case against the City of Arlington for compensatory and punitive damages fails because no individual officers were sued (Monell) and cities can\u2019t be sued for punitives (Newport). Skyy v. City of Arlington<\/a>, 2017 U.S. App. LEXIS 22602 (5th Cir. Nov. 9, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer had probable cause for this traffic stop, and defendant was found to have consented to a search of his pickup truck. He observed it happening and never objected. [I hate that rationale.] By the time the bedliner was … 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":[45,36,24],"tags":[],"class_list":["post-30148","post","type-post","status-publish","format-standard","hentry","category-45","category-automobile-exception","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30148","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=30148"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30148\/revisions"}],"predecessor-version":[{"id":30149,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30148\/revisions\/30149"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30148"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}