{"id":41920,"date":"2020-01-21T12:29:07","date_gmt":"2020-01-21T17:29:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41920"},"modified":"2020-01-21T12:29:07","modified_gmt":"2020-01-21T17:29:07","slug":"id-def-left-his-own-door-open-before-the-dog-sniff-and-sniff-wasnt-otherwise-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41920","title":{"rendered":"ID: Def left his own door open before the dog sniff; and sniff wasn’t otherwise unreasonable"},"content":{"rendered":"

Defendant got out of his car and left the door open, so it was already open when the dog sniff occurred. Opening the door was not a command. \u201cWe decline, however, to rule that an officer’s knock on a driver’s window is a command for the driver to open his door. Such a ruling would be inconsistent with this Court’s prior decisions, which have concluded that a driver may ignore an officer’s knock on his vehicle’s window.\u201d The dog sniff was otherwise reasonable. State v. Cox<\/a>, 2020 Ida. App. LEXIS 1 (Jan. 16, 2020).*<\/p>\n

The CI\u2019s information provided probable cause. \u201cBut the record shows that the officers had plentiful reasons to believe the source and verified much of it before making the arrest.\u201d \u201cMr. Roacho does not seriously dispute that, if believed, this information was adequate to give the officers probable cause to believe he was committing a crime. Instead, he gives four reasons the source should not have been believed.\u201d There was probable cause. United States v. Roacho, 2020 U.S. Dist. LEXIS 8671 (D. Colo. Jan. 17, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant got out of his car and left the door open, so it was already open when the dog sniff occurred. Opening the door was not a command. \u201cWe decline, however, to rule that an officer’s knock on a driver’s … 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":[27,44],"tags":[],"class_list":["post-41920","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41920","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=41920"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41920\/revisions"}],"predecessor-version":[{"id":41921,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41920\/revisions\/41921"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}