{"id":42393,"date":"2020-02-15T23:26:25","date_gmt":"2020-02-16T04:26:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42393"},"modified":"2020-02-16T08:41:50","modified_gmt":"2020-02-16T13:41:50","slug":"ny-charging-document-for-charge-of-attempting-to-avoid-execution-of-a-sw-was-defective-for-not-pleading-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42393","title":{"rendered":"NY: Charging document for charge of attempting to avoid execution of a SW was defective for not pleading it"},"content":{"rendered":"<p>Defendant was charged with obstruction for backing away from officers attempting to search his car with a warrant. The charging document lacked a specific statement of that and should have been dismissed. <a href=\"http:\/\/www.nycourts.gov\/reporter\/3dseries\/2020\/2020_00998.htm\">People v. Wheeler<\/a>, 2020 NY Slip Op 00998, 2020 N.Y. LEXIS 129 (Feb. 13, 2020).*<\/p>\n<p>There was probable cause for each of plaintiff\u2019s arrests. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2020\/02\/11\/18-16468.pdf\">Rivera v. Town of Patagonia<\/a>, 2020 U.S. App. LEXIS 4506 (9th Cir. Feb. 11, 2020).*<\/p>\n<p>Officers observed defendant sell drugs from his car on two days. Three weeks later they saw his car parked on the street, waited for him and arrested him. The inventory and removal of the car was reasonable. United States v. Thompson, 2020 U.S. Dist. LEXIS 24864 (W.D. Tenn. Jan. 3, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was charged with obstruction for backing away from officers attempting to search his car with a warrant. The charging document lacked a specific statement of that and should have been dismissed. People v. Wheeler, 2020 NY Slip Op 00998, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=42393\">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":[39,20],"tags":[],"class_list":["post-42393","post","type-post","status-publish","format-standard","hentry","category-inventory","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42393","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=42393"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42393\/revisions"}],"predecessor-version":[{"id":42399,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42393\/revisions\/42399"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42393"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42393"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42393"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}