{"id":40246,"date":"2019-10-17T02:29:09","date_gmt":"2019-10-17T07:29:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40246"},"modified":"2019-10-17T04:58:51","modified_gmt":"2019-10-17T09:58:51","slug":"wa-breath-for-bac-is-not-subject-to-search-incident-doctrine","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40246","title":{"rendered":"WA: Breath for BAC is not subject to search incident doctrine"},"content":{"rendered":"<p>Defendant was arrested for another reason, and police did a search incident of his breath for DUI. That\u2019s not a proper purpose. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/D2%2051202-5-II%20Published%20Opinion.pdf\">City of Vancouver v. Kaufman<\/a>, 2019 Wash. App. LEXIS 2616 (Oct. 15, 2019).<\/p>\n<p>The search warrant appears based on probable cause, and defendant bears the burden of showing that it\u2019s not, which she didn\u2019t do. \u201cFor these reasons, Yang has failed to cast even minimal doubt on the warrant, and her Motion to Suppress is therefore denied.\u201d United States v. Yang, 2019 U.S. Dist. LEXIS 178209 (D.Colo. Oct. 8, 2019).*<\/p>\n<p>A reasonable person in defendant\u2019s position would believe he was seized, but there was reasonable suspicion for the encounter between defendant and the police. United States v. Mollohan, 2019 U.S. Dist. LEXIS 178206 (S.D. W.Va. Oct. 15, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested for another reason, and police did a search incident of his breath for DUI. That\u2019s not a proper purpose. City of Vancouver v. Kaufman, 2019 Wash. App. LEXIS 2616 (Oct. 15, 2019). The search warrant appears based &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40246\">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":[66,55,26,69],"tags":[],"class_list":["post-40246","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-drug-testing","category-search-incident","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40246","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=40246"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40246\/revisions"}],"predecessor-version":[{"id":40252,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40246\/revisions\/40252"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40246"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40246"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40246"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}