{"id":34058,"date":"2018-07-30T07:48:25","date_gmt":"2018-07-30T12:48:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34058"},"modified":"2018-07-30T07:48:25","modified_gmt":"2018-07-30T12:48:25","slug":"nd-no-pc-for-shipped-package-but-there-was-for-defs-house","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34058","title":{"rendered":"ND: No PC for shipped package, but there was for def&#8217;s house"},"content":{"rendered":"<p>Police lacked probable cause for the search warrant for a package defendant was shipping just because they suspected it contained cash for drugs. There were suspicions because of volunteered explanations when he was shipping it, but no probable cause and the package is suppressed. A trash pull at defendant\u2019s property helped establish probable cause, and the package warrant was distinct from it, so the fruit of the poisonous tree argument does not apply. Also, the state constitution does not provide greater protection. <a href=\"http:\/\/www.ndcourts.gov\/court\/opinions\/20170458.htm\">State v. Biwer<\/a>, 2018 ND 185, 2018 N.D. LEXIS 193  (July 26, 2018).*<\/p>\n<p>Defendant didn\u2019t move to suppress CSLI, and it was not plain error. \u201cWe have trouble seeing how a circuit split on such a high-profile issue can provide good cause for failing to raise the issue in the district court.\u201d <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2018\/D07-26\/C:17-1002:J:Hamilton:aut:T:fnOp:N:2192897:S:0\">United States v. Thomas<\/a>, 2018 U.S. App. LEXIS 20824 (7th Cir. July 26, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police lacked probable cause for the search warrant for a package defendant was shipping just because they suspected it contained cash for drugs. There were suspicions because of volunteered explanations when he was shipping it, but no probable cause and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34058\">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":[84,99],"tags":[],"class_list":["post-34058","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-mail-and-packages"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34058","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=34058"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34058\/revisions"}],"predecessor-version":[{"id":34059,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34058\/revisions\/34059"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34058"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34058"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34058"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}