{"id":41559,"date":"2020-01-01T00:00:13","date_gmt":"2020-01-01T05:00:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41559"},"modified":"2019-12-29T14:50:09","modified_gmt":"2019-12-29T19:50:09","slug":"fl5-state-doesnt-get-gfe-on-birchfield-where-it-came-down-day-before-defs-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41559","title":{"rendered":"FL5: State doesn’t get GFE on Birchfield<\/em> where it came down day before def’s stop"},"content":{"rendered":"

Birchfield came down day before defendant\u2019s arrest, and good faith exception isn\u2019t applied. \u201cAlthough it is understandable that a police officer might be unaware of the holding of a controlling court opinion within a day or two of its issuance, we conclude that the good faith exception cannot be applied where the police officer’s acts occur subsequent to a binding appellate court decision which determines that such acts are violative of the Fourth Amendment.\u201d Campbell v. State<\/a>, 2019 Fla. App. LEXIS 19078 (Fla. 5th DCA Dec. 27, 2019).<\/p>\n

The trial court erred in suppressing the search of defendant\u2019s vehicle at his house. \u201cFirst, the trial court erred in finding that Appellee’s vehicle was parked in the curtilage of his residence. Second, the deputy sheriff’s body camera video admitted into evidence at the suppression hearing shows that the crack cocaine located in the interior of Appellee’s truck was plainly and openly observable. Thus, the deputy had probable cause to conduct a warrantless search of the truck under the \u2018automobile exception\u2019 to the warrant requirement of the Fourth Amendment to the United States Constitution and to seize the crack cocaine, as well as the firearm and other contraband he also found during the course of his search.\u201d State v. Thornton<\/a>, 2019 Fla. App. LEXIS 19188 (Fla. 5th DCA Dec. 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Birchfield came down day before defendant\u2019s arrest, and good faith exception isn\u2019t applied. \u201cAlthough it is understandable that a police officer might be unaware of the holding of a controlling court opinion within a day or two of its issuance, … Continue reading →<\/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":[19,55,51],"tags":[],"class_list":["post-41559","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-drug-testing","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41559","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=41559"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41559\/revisions"}],"predecessor-version":[{"id":41560,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41559\/revisions\/41560"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41559"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41559"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41559"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}