{"id":43600,"date":"2020-05-06T07:57:42","date_gmt":"2020-05-06T12:57:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43600"},"modified":"2020-05-06T09:13:15","modified_gmt":"2020-05-06T14:13:15","slug":"mo-search-incident-of-a-mcdonalds-sack-in-a-car-for-shoplifting-a-sweatshirt-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43600","title":{"rendered":"MO: Search incident of a McDonald&#8217;s sack in a car for shoplifting a sweatshirt was unreasonable"},"content":{"rendered":"\n<p>Defendant was stopped in a shopping center parking lot for suspicion of shoplifting a sweatshirt. He consented to a frisk of his person and car, and nothing was found. Another officer arrived, and he was de facto arrested. A search of a McDonald\u2019s sack in the car can\u2019t be justified as a search incident. <a href=\"https:\/\/www.courts.mo.gov\/file.jsp?id=155894\">State v. Ledbetter<\/a>, 2020 Mo. App. LEXIS 580 (May 5, 2020).<\/p>\n\n\n\n<p>There is no reasonable expectation of privacy against a prison cell search, but the Eighth Amendment provides protection against harassing searches. Here, the justification for plaintiff\u2019s cell searches was his efforts at self-mutilation, and that was justification enough. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/192580np.pdf\">Coit v. Garman<\/a>, 2020 U.S. App. LEXIS 14277 (3d Cir. May 5, 2020).<\/p>\n\n\n\n<p>A 2019 DEA administrative subpoena for a cell phone\u2019s subscriber information was reasonable and not a violation of Carpenter. CSLI information was obtained by a state search warrant, and it was reasonable. United States v. Armstrong, 2020 U.S. Dist. LEXIS 68476 D. N.D. Apr. 20, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped in a shopping center parking lot for suspicion of shoplifting a sweatshirt. He consented to a frisk of his person and car, and nothing was found. Another officer arrived, and he was de facto arrested. A search &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43600\">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":[84,113,26,81],"tags":[],"class_list":["post-43600","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-prison-and-jail-searches","category-search-incident","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43600","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=43600"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43600\/revisions"}],"predecessor-version":[{"id":43613,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43600\/revisions\/43613"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43600"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43600"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43600"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}