{"id":45443,"date":"2020-09-21T01:00:48","date_gmt":"2020-09-21T06:00:48","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45443"},"modified":"2020-09-20T08:22:09","modified_gmt":"2020-09-20T13:22:09","slug":"de-being-advised-of-potential-lawful-authority-is-not-a-violation-of-fourth-amendment-rights","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45443","title":{"rendered":"DE: &#8220;Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.&#8221;"},"content":{"rendered":"\n<p>\u201cAdvising a person of legitimate consequences [of a BAC test] is not considered coercion. Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.\u201d <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=310890\">State v. Street<\/a>, 2020 Del. Super. LEXIS 2791 (Sept. 17, 2020).<\/p>\n\n\n\n<p>When defendant declined to stipulate he was in his own home when the search warrant was executed when it became relevant, a photograph of him handcuffed on the couch was admissible to show he was in his house. &#8220;In identifying the photograph, a Des Moines police officer testified it is &#8216;standard practice to secure individuals during a search warrant.&#8217; The district court immediately gave the jury a cautionary instruction to minimize prejudice: &#8216;The mere fact that for officer safety the defendant was handcuffed isn&#8217;t evidence of anything, other than it&#8217;s a plan for officer safety.&#8217; Admission of the photograph was not an abuse of discretion and does not warrant a new trial.&#8221; <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/20\/09\/193159P.pdf\">United States v. Jefferson<\/a>, 2020 U.S. App. LEXIS 29633 (8th Cir. Sept. 17, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAdvising a person of legitimate consequences [of a BAC test] is not considered coercion. Being advised of potential lawful authority is not a violation of Fourth Amendment Rights.\u201d State v. Street, 2020 Del. Super. LEXIS 2791 (Sept. 17, 2020). When &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=45443\">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":[63,69],"tags":[],"class_list":["post-45443","post","type-post","status-publish","format-standard","hentry","category-reasonableness","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45443","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=45443"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45443\/revisions"}],"predecessor-version":[{"id":45446,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45443\/revisions\/45446"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45443"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45443"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45443"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}