{"id":39993,"date":"2019-09-30T06:15:30","date_gmt":"2019-09-30T11:15:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39993"},"modified":"2019-09-30T06:15:30","modified_gmt":"2019-09-30T11:15:30","slug":"ky-defs-car-search-lacked-pc-not-defs-burden-to-show-state-lacked-exigency-its-the-states-burden-to-show-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39993","title":{"rendered":"KY: Def&#8217;s car search lacked PC; not def&#8217;s burden to show state lacked exigency, it&#8217;s the state&#8217;s burden to show it"},"content":{"rendered":"<p>The search of defendant\u2019s car was completely unjustified. The car was parked and he was sitting in it. The officer was curious and approached to talk to him. Nothing was seen suggesting crime was \u201ca foot.\u201d The state\u2019s argument that defendant didn\u2019t show that the officer lacked exigent circumstances below doesn\u2019t mean anything because there was no probable cause at all. <a href=\"http:\/\/opinions.kycourts.net\/coa\/2017-CA-001144.pdf\">Commonwealth v. Garrett<\/a>, 2019 Ky. App. LEXIS 172 (Sept. 27, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search of defendant\u2019s car was completely unjustified. The car was parked and he was sitting in it. The officer was curious and approached to talk to him. Nothing was seen suggesting crime was \u201ca foot.\u201d The state\u2019s argument that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39993\">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":[36],"tags":[],"class_list":["post-39993","post","type-post","status-publish","format-standard","hentry","category-automobile-exception"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39993","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=39993"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39993\/revisions"}],"predecessor-version":[{"id":39994,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39993\/revisions\/39994"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39993"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39993"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39993"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}