{"id":362,"date":"2006-10-16T15:53:34","date_gmt":"2006-08-26T12:36:03","guid":{"rendered":""},"modified":"2017-09-17T13:44:37","modified_gmt":"2017-09-17T18:44:37","slug":"en-us-261","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=362","title":{"rendered":"8th Cir.: Business records search includes computer records \/ 9th Cir.: California civil parking infraction justified stop on reasonable suspicion"},"content":{"rendered":"<p>In a business records search case, computers and computer media may be searched. &#8220;In this computer age, a warrant to search business records logically and reasonably includes a search of computer data.&#8221; In the course of that search, officers came upon child porn which was admissible. United States v. Hudspeth, 459 F.3d 992 (8th Cir. August 25, 2006).<\/p>\n<p>California civil parking infraction justified stop on reasonable suspicion. &#8220;Because parking infractions constitute traffic violations under California&#8217;s Vehicle Code and local laws enacted pursuant to the Vehicle Code, and because the officers had the authority to enforce the particular violation at issue, we hold that a civil parking violation under California&#8217;s Vehicle Code falls within the scope of the Supreme Court&#8217;s decision in <em>Whren v. United States,<\/em> 517 U.S. 806 (1996). Accordingly, we conclude that the parking violation provided the officers with reasonable suspicion to conduct an investigatory stop of the vehicle.&#8221;  United States v. Choudhry, 461 F.3d 1097 (9th Cir. August 25, 2006).<\/p>\n<p>Record supporting finding of consent despite a translation error in the consent form. &#8220;Number one. I have been consulted to permit the agents from the Department of Narcotics and Drugs to search.&#8221; Rest of form was clear on right to refuse, and defendant&#8217;s claim he did not read the entire form because he was nervous was rejected as being a lack of consent.  United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. August 25, 2006).<\/p>\n<p>Officers were executing an arrest warrant, and they were also looking for a child in a drug house. One person in the front room was in gang colors, but the defendant was not. After finding meth on the floor, the officer could reasonably believe that somebody might be armed, and a patdown of everybody in the room was reasonable.  United States v. Garcia, 459 F.3d 1059 (10th Cir. August 25, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evGMco.b2evALnk.b2WPAutP.b2evSmil <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=362\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-362","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/362","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=362"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/362\/revisions"}],"predecessor-version":[{"id":29218,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/362\/revisions\/29218"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=362"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}