{"id":43260,"date":"2020-04-02T06:32:54","date_gmt":"2020-04-02T11:32:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43260"},"modified":"2020-04-02T11:50:19","modified_gmt":"2020-04-02T16:50:19","slug":"ca6-subsumes-pc-into-the-gfe-reading-it-out-of-the-4a","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43260","title":{"rendered":"CA6 subsumes PC into the GFE, reading it out of the 4A"},"content":{"rendered":"\n<p>\u201cGovea&#8217;s brief stop at his home\u2014immediately before driving to the scene of a controlled buy and immediately after driving to his home from the home of the seller in the controlled buy, with the seller as a passenger\u2014connected the drug trafficking operation to Govea&#8217;s residence and provided a basis to believe that his home was a stash house. The Leon good-faith exception therefore applies.\u201d <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/20a0174n-06.pdf\">United States v. Govea<\/a>, 2020 U.S. App. LEXIS 9657 (6th Cir. Mar. 26, 2020). [No, that\u2019s usually probable cause and nexus in itself. This is an example of the good faith exception taking over the probable cause inquiry, with the exception that there are two involved rather than one. So why is probable cause in the second clause in the Fourth Amendment?]<br \/><\/p>\n\n\n\n<p>There was probable cause for defendant\u2019s stop for not using a turn signal. His DL was suspended, and the car was to be towed. The inventory complied with policy, and nobody was available to take the car away. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2020\/2020-Ohio-1142.pdf\">State v. Finfrock<\/a>, 2020-Ohio-1142, 2020 Ohio App. LEXIS 1073 (2d Dist. Mar. 27, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cGovea&#8217;s brief stop at his home\u2014immediately before driving to the scene of a controlled buy and immediately after driving to his home from the home of the seller in the controlled buy, with the seller as a passenger\u2014connected the drug &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43260\">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":[11,39,20],"tags":[],"class_list":["post-43260","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-inventory","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43260","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=43260"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43260\/revisions"}],"predecessor-version":[{"id":43279,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43260\/revisions\/43279"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}