{"id":377,"date":"2006-10-13T09:24:04","date_gmt":"2006-09-02T19:35:30","guid":{"rendered":""},"modified":"2017-09-17T13:44:38","modified_gmt":"2017-09-17T18:44:38","slug":"en-us-264","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=377","title":{"rendered":"Pretextual delay in booking for narcs to arrive voided search"},"content":{"rendered":"<p>Delay in booking time on a shoplifting was shown to be pretextual for narcs. State v. Perez, 141 P.3d 1039 (Haw. August 28, 2006):<\/p>\n<blockquote><p>Here, the prosecution does not challenge the circuit court&#8217;s finding that normal processing time for shoplifting arrests runs from one to two hours, but is one hour if things are running smoothly. It is also undisputed that Perez&#8217;s detention ran into a second hour not because things were not running smoothly, but because his processing had ceased while waiting for the narcotics detectives. Accordingly, given that the second hour of Perez&#8217;s detention was concededly pretextual, it cannot be justified under <em>Vance<\/em> and <em>Langley.<\/em><\/p><\/blockquote>\n<p>No IAC where it was obvious that any motion to suppress would have failed.  Branch v. State, 2006 Fla. LEXIS 1825 (August 31, 2006).*<\/p>\n<p>Defendant was found slumped behind the wheel of his car, and it was no violation of defendant&#8217;s rights to run the tags and the driver&#8217;s information derived therefrom which found a warrant out for the defendant that led to his arrest. State v. Kelley, 934 So. 2d 51 (La. July 10, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evGMco.b2evALnk.b2WPAutP.b2evSmil <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=377\">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-377","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/377","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=377"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/377\/revisions"}],"predecessor-version":[{"id":29221,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/377\/revisions\/29221"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=377"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=377"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}