{"id":33000,"date":"2018-05-09T07:24:13","date_gmt":"2018-05-09T12:24:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33000"},"modified":"2018-05-09T07:24:35","modified_gmt":"2018-05-09T12:24:35","slug":"w-d-okla-sw-for-vehicles-and-appurtenances-didnt-include-a-car-and-camper-100-from-house-off-the-curtilage","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33000","title":{"rendered":"W.D.Okla.: SW for vehicles and \u201cappurtenances\u201d didn&#8217;t include a car and camper 100&#8242; from house off the curtilage"},"content":{"rendered":"<p>The search warrant for defendant\u2019s dwelling included vehicles and \u201cappurtenances\u201d on the land. Defendant\u2019s vehicle and camper were about 100&#8242; from the dwelling, and the court finds they were not on the curtilage of the dwelling. Moreover, the good faith exception does not apply to their search. United States v. Gerdon, 2018 U.S. Dist. LEXIS 76787 (W.D. Okla. May 2, 2018).<\/p>\n<p>Defense counsel wasn\u2019t ineffective for not challenging the search that seized his guns allegedly in \u201cviolation of his God given right to bear Arms\u201d if he chooses because he\u2019s a felon in possession. While they weren\u2019t on the search warrant, they were in plain view and the incriminating value was immediately apparent. N\u00f3brega v. United States, 2018 U.S. Dist. LEXIS 76406 (D. Me. May 7, 2018).*<\/p>\n<p>The officer conducted a valid plain view. When he come up to the car window, he saw defendant gripping a TEC-9. United States v. Ziegler, 2018 U.S. Dist. LEXIS 76630 (D. Alas. May 7, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant for defendant\u2019s dwelling included vehicles and \u201cappurtenances\u201d on the land. Defendant\u2019s vehicle and camper were about 100&#8242; from the dwelling, and the court finds they were not on the curtilage of the dwelling. Moreover, the good faith &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33000\">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":[19,51],"tags":[],"class_list":["post-33000","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33000","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=33000"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33000\/revisions"}],"predecessor-version":[{"id":33002,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33000\/revisions\/33002"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33000"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33000"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33000"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}