{"id":400,"date":"2006-09-11T06:24:52","date_gmt":"2006-09-11T06:12:10","guid":{"rendered":""},"modified":"2017-09-17T13:46:41","modified_gmt":"2017-09-17T18:46:41","slug":"en-us-301","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=400","title":{"rendered":""},"content":{"rendered":"<p>The NSA case, posted <a href=\"http:\/\/fourthamendment.com\/blog\/index.php?blog=1&amp;title=nsa_s_broad_wiretapping_program_declared&amp;more=1&amp;c=1&amp;tb=1&amp;pb=1\">here<\/a>, is now published: American Civil Liberties Union v. National Sec. Agency, 438 F.Supp.2d 754 (E.D.Mich. Aug 17, 2006).<\/p>\n<p>Officers could reasonably believe that consenter had common authority to consent. They saw her walk into the front door of the defendant&#8217;s house shortly before the police coming to the door, and that indicated her common authority to them because she was free to come into the property on her own. United States v. Fregoso-Bonilla, 2006 U.S. Dist. LEXIS 64185 (E.D. Wis. September 7, 2006):<\/p>\n<blockquote><p>Further, just a few minutes before he approached the home, Gibson saw Pilar-Fregoso enter without knocking. This manner of entry supported the reasonableness of Gibson&#8217;s belief that Pilar-Fregoso possessed the authority to let him in. Pilar-Fregoso readily admitted the agents, without calling to anyone in the house for permission or even looking back into the house. There is no evidence (and defendants do not argue) that Pilar-Fregoso&#8217;s consent to the entry was other than voluntary. Based on these circumstances, I find that it was reasonable for Gibson to believe Pilar-Fregoso possessed authority to consent to the entry.<\/p><\/blockquote>\n<p>Pro se \u00a7 1983 suit against officers while criminal case was pending sought to imply future invalidity of criminal charges and was barred by <em>Heck<\/em>.  Massey v. Edmonson County Soc. Servs. Bur., 2006 U.S. Dist. LEXIS 64128 (W.D. Ky. September 6, 2006).*<\/p>\n<p>Citizen informant called 911 about erratic driver and followed him. She remained on the phone with police dispatch which was talking with an officer who took up following defendant&#8217;s car. The officer also saw erratic driving. Defendant got out of the car and was followed into a convenience store. The officer had reasonable suspicion to stop the defendant.  State v. Littles, 2006 Tenn. Crim. App. LEXIS 684 (September 7, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evGMco.b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=400\">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-400","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/400","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=400"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/400\/revisions"}],"predecessor-version":[{"id":29258,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/400\/revisions\/29258"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}