{"id":40299,"date":"2019-10-20T02:50:34","date_gmt":"2019-10-20T07:50:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40299"},"modified":"2019-10-20T08:24:20","modified_gmt":"2019-10-20T13:24:20","slug":"s-d-ind-stalking-horse-rationale-for-pos-cover-for-leos-in-search-not-universally-accepted-and-there-was-rs-for-this-search-anyway","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40299","title":{"rendered":"S.D.Ind.: Stalking horse rationale for PO&#8217;s cover for LEOs in search not universally accepted, and there was RS for this search anyway"},"content":{"rendered":"<p>Analyzing all the probation and parole search cases, the court finds defendant\u2019s claim that probation was really a \u201cstalking horse\u201d for ATF unavailing. He had a reduced expectation of privacy and that there was reasonable suspicion for the search in the first place. The \u201cstalking horse\u201d rationale is not universally accepted. United States v. Price, 2019 U.S. Dist. LEXIS 180258 (S.D. Ind. Oct. 18, 2019).<\/p>\n<p>Defendant voluntarily told police officers during a stop that she had drugs on her person, and that led to a search of the car. The district court held that this was all voluntary, and the court of appeals agrees. The officers told her that they knew she\u2019d be off buying drugs in Knoxville. U<a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0536n-06.pdf\">United States v. West<\/a>, 2019 U.S. App. LEXIS 31045 (6th Cir. Oct. 18, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Analyzing all the probation and parole search cases, the court finds defendant\u2019s claim that probation was really a \u201cstalking horse\u201d for ATF unavailing. He had a reduced expectation of privacy and that there was reasonable suspicion for the search in &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40299\">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":[24,58],"tags":[],"class_list":["post-40299","post","type-post","status-publish","format-standard","hentry","category-consent","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40299","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=40299"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40299\/revisions"}],"predecessor-version":[{"id":40305,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40299\/revisions\/40305"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40299"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40299"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}