{"id":40561,"date":"2019-11-08T05:04:15","date_gmt":"2019-11-08T10:04:15","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40561"},"modified":"2019-11-08T05:04:15","modified_gmt":"2019-11-08T10:04:15","slug":"il-the-scope-of-consent-to-search-a-car-was-exceeded-but-it-was-because-pc-had-developed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40561","title":{"rendered":"IL: The scope of consent to search a car was exceeded, but it was because PC had developed"},"content":{"rendered":"<p>Officers exceeded the scope of defendant\u2019s consent, but, by the time they did, they had probable cause under the automobile exception to search further. <a href=\"https:\/\/courts.illinois.gov\/Opinions\/AppellateCourt\/2019\/1stDistrict\/1160408.pdf\">People v. Davis<\/a>, 2019 IL App (1st) 160408, 2019 Ill. App. LEXIS 875 (Sept. 23, 2019),* modified on denial of rehearing (Oct. 28, 2019).*<\/p>\n<p>Defendant argued that the affidavit for the search warrant was recklessly misleading because it omitted information that defendant had been cleared of having a gun during a domestic call. \u201cFurther, Defendant does not show that, if the affidavit is supplemented by the omitted information, probable cause does not exist for the issuance of the warrant. Although Defendant claims the initial 911 call was unsubstantiated and the presentation of the incident as a pending report in the affidavit was false, neither of these claims are true.\u201d Any other omitted information did not negate probable cause. United States v. Smith, 2019 U.S. Dist. LEXIS 192317 (S.D. Iowa Oct. 15, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers exceeded the scope of defendant\u2019s consent, but, by the time they did, they had probable cause under the automobile exception to search further. People v. Davis, 2019 IL App (1st) 160408, 2019 Ill. App. LEXIS 875 (Sept. 23, 2019),* &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40561\">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":[36,21,20],"tags":[],"class_list":["post-40561","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-franks-doctrine","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40561","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=40561"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40561\/revisions"}],"predecessor-version":[{"id":40562,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40561\/revisions\/40562"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40561"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40561"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40561"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}