{"id":32014,"date":"2018-02-27T06:14:22","date_gmt":"2018-02-27T11:14:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32014"},"modified":"2018-02-27T06:14:22","modified_gmt":"2018-02-27T11:14:22","slug":"ny3-building-didnt-appear-to-be-two-units-sw-for-defs-dwelling-he-answered-door-and-then-they-saw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32014","title":{"rendered":"NY3: Building didn&#8217;t appear to be two units; SW for def&#8217;s dwelling, he answered door, and then they saw"},"content":{"rendered":"<p>The search warrant\u2019s describing the dwelling as a single family dwelling when it was really two and defendant lived on the second floor didn\u2019t make it overbroad. It did not appear to be a multi-unit dwelling and defendant answered the door they knocked at. The part defendant lived in was all that was searched. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_01214.htm\">People v. Vandebogart<\/a>, 2018 NY Slip Op 01214, 2018 N.Y. App. Div. LEXIS 1234 (3d Dept. Feb. 22, 2018).<\/p>\n<p>The affidavit for the search warrant showed nexus: \u201cThe police officers observed Defendant leaving the residence, walking to meet the confidential informant after arranging to sell the C\/I drugs, and then returning to the same Burlingame residence.\u201d United States v. Wilson, 2018 U.S. Dist. LEXIS 30538 (W.D. Mich. Feb. 26, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant\u2019s describing the dwelling as a single family dwelling when it was really two and defendant lived on the second floor didn\u2019t make it overbroad. It did not appear to be a multi-unit dwelling and defendant answered the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32014\">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":[38,7],"tags":[],"class_list":["post-32014","post","type-post","status-publish","format-standard","hentry","category-nexus","category-overbreadth"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32014","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=32014"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32014\/revisions"}],"predecessor-version":[{"id":32015,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32014\/revisions\/32015"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32014"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32014"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32014"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}