{"id":33477,"date":"2018-06-19T05:55:32","date_gmt":"2018-06-19T10:55:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33477"},"modified":"2018-06-19T05:55:32","modified_gmt":"2018-06-19T10:55:32","slug":"ca3-hiding-computer-evidence-when-def-learns-sw-coming-is-contemporaneously-with-arrest-for-u-s-s-g-3c1-1","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33477","title":{"rendered":"CA3: Hiding computer evidence when def learns SW coming is &#8220;contemporaneously with arrest&#8221; for U.S.S.G. 3C1.1"},"content":{"rendered":"<p>Defendant panicked when he heard the police were coming to his house to search, and he moved files to his computer recycling bin. The court finds this was &#8220;contemporaneously with arrest&#8221; for U.S.S.G. 3C1.1, but, because they were easily recovered, court finds the government was not harmed and an obstruction sentencing enhancement was improperly applied. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/164106p.pdf\">United States v. Welshans<\/a>, 2018 U.S. App. LEXIS 15954 (3d Cir. June 12, 2018).<\/p>\n<p>The stop was valid, and neither the driver nor passenger had a valid driver\u2019s license. Impoundment was thus reasonable and inevitable discovery applied. United States v. Constanza, 2018 U.S. Dist. LEXIS 100496 (M.D. Ga. June 15, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant panicked when he heard the police were coming to his house to search, and he moved files to his computer recycling bin. The court finds this was &#8220;contemporaneously with arrest&#8221; for U.S.S.G. 3C1.1, but, because they were easily recovered, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33477\">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":[50,68],"tags":[],"class_list":["post-33477","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-inevitable-discovery"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33477","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=33477"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33477\/revisions"}],"predecessor-version":[{"id":33478,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33477\/revisions\/33478"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33477"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}