{"id":39050,"date":"2019-08-11T08:16:08","date_gmt":"2019-08-11T13:16:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39050"},"modified":"2019-08-11T08:16:08","modified_gmt":"2019-08-11T13:16:08","slug":"ca9-info-of-illegal-search-was-put-into-second-sw-affidavit-and-independent-pc-was-shown","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39050","title":{"rendered":"CA9: Info of illegal search was put into second SW affidavit and independent PC was shown"},"content":{"rendered":"<p>In a felon in possession case, there was a prior illegal search by state troopers. ATF picked up the case immediately and applied for a search warrant that included the information from the illegal search, and there was independent evidence for probable cause. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2019\/08\/08\/18-30097.pdf\">United States v. Kuzmin<\/a>, 2019 U.S. App. LEXIS 23704 (9th Cir. Aug. 8, 2019).*<\/p>\n<p>The officer could order defendant out of the car on a traffic stop. The officer could see a firearm sticking out from under the seat in plain view. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2019\/08\/08\/18-30237.pdf\">United States v. Jenkins<\/a>, 2019 U.S. App. LEXIS 23706 (9th Cir. Aug. 8, 2019).*<\/p>\n<p>The stop was extended in part because the officer had to manually entered insurance information into the police car\u2019s computer. Thus, the stop was not extended unreasonably [20 minutes? Court erroneously applies the de minimus standard rejected in Rodriguez.] United States v. Gholston, 2019 U.S. Dist. LEXIS 133333 (C.D. Ill. Aug. 8, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a felon in possession case, there was a prior illegal search by state troopers. ATF picked up the case immediately and applied for a search warrant that included the information from the illegal search, and there was independent evidence &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39050\">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":[60,51,63],"tags":[],"class_list":["post-39050","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-plain-view","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39050","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=39050"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39050\/revisions"}],"predecessor-version":[{"id":39051,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39050\/revisions\/39051"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39050"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39050"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39050"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}