{"id":41890,"date":"2020-01-21T00:00:58","date_gmt":"2020-01-21T05:00:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41890"},"modified":"2020-01-20T16:36:19","modified_gmt":"2020-01-20T21:36:19","slug":"ca6-frisk-for-eating-out-of-a-dumpster-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41890","title":{"rendered":"CA6: Frisk for eating out of a dumpster was unreasonable"},"content":{"rendered":"<p>Plaintiff\u2019s frisk for eating out of a dumpster was unreasonable. He wasn\u2019t committing any crime. Jones v. City of Elyria<a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/20a0019p-06.pdf\">Jones v. City of Elyria<\/a>Jones v. City of Elyria, 2020 U.S. App. LEXIS 1609 (6th Cir. Jan. 17, 2020).*<\/p>\n<p>There was no Fourth Amendment violation where defendant refused to identify himself during a public intox stop, and he was thus arrested under Utah law. Handcuffing him behind his back wasn\u2019t unreasonable. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/19\/19-4005.pdf\">Donahue v. Wihongi<\/a>, 2020 U.S. App. LEXIS 1600 (10th Cir. Jan. 17, 2020).*<\/p>\n<p>Defendant\u2019s post-conviction claim is based in part on the alleged issue that defendant counsel didn\u2019t tell him there was a search warrant for his car. There was, and it was in the discovery that was shared with defendant. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=300570\">State v. Miles<\/a>, 2020 Del. Super. LEXIS 30 (Jan. 15, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s frisk for eating out of a dumpster was unreasonable. He wasn\u2019t committing any crime. Jones v. City of ElyriaJones v. City of ElyriaJones v. City of Elyria, 2020 U.S. App. LEXIS 1609 (6th Cir. Jan. 17, 2020).* There was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41890\">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":[50,35,63],"tags":[],"class_list":["post-41890","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41890","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=41890"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41890\/revisions"}],"predecessor-version":[{"id":41891,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41890\/revisions\/41891"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41890"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41890"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41890"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}