{"id":45482,"date":"2020-09-22T11:11:16","date_gmt":"2020-09-22T16:11:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45482"},"modified":"2020-09-23T07:44:17","modified_gmt":"2020-09-23T12:44:17","slug":"ca8-defs-pickup-truck-was-involved-in-a-shooting-and-the-officers-developed-pc-that-evidence-would-be-in-it-or-his-house-where-it-was-parked","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45482","title":{"rendered":"CA8: Def’s pickup truck was involved in a shooting, and the officers developed PC that evidence would be in it or his house where it was parked"},"content":{"rendered":"\n

Surveillance video at the scene gave probable cause to believe that defendant\u2019s pickup truck was involved in a shooting, and other physical evidence of the shooting hadn\u2019t yet been found. \u201cThe address for Flournoy and Davis was a different unit at the same address. This information gave the issuing judge probable cause to believe that Roberts drove the Durango on the night of the shooting, and that evidence of the crime that had not yet been discovered — the firearms, ammunition, red hooded sweatshirt, and cell phones used to communicate between the shooters and the driver of the Durango — would be found in the Durango or in the residence Roberts shared with Sanders.\u201d United States v. Roberts<\/a>, 2020 U.S. App. LEXIS 30222 (8th Cir. Sept. 22, 2020).<\/p>\n\n\n\n

Defendant had appointed counsel who filed a motion to suppress a search finding a gun. He retained counsel and proceeded to a bench trial without that being litigated. It wasn\u2019t ineffective because it was going to fail on the merits anyway because the gun was visible to officers as he was running away from them and that was at least reasonable suspicion. People v. Wilson<\/a>, 2020 IL App (1st) 170443, 2020 Ill. App. LEXIS 634 (Sept. 21, 2020).*
<\/p>\n","protected":false},"excerpt":{"rendered":"

Surveillance video at the scene gave probable cause to believe that defendant\u2019s pickup truck was involved in a shooting, and other physical evidence of the shooting hadn\u2019t yet been found. \u201cThe address for Flournoy and Davis was a different unit … 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":[23,38,20,59],"tags":[],"class_list":["post-45482","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-nexus","category-probable-cause","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45482","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=45482"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45482\/revisions"}],"predecessor-version":[{"id":45485,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45482\/revisions\/45485"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45482"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45482"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45482"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}