{"id":45601,"date":"2020-09-30T07:27:44","date_gmt":"2020-09-30T12:27:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45601"},"modified":"2020-09-30T07:27:44","modified_gmt":"2020-09-30T12:27:44","slug":"e-d-ky-late-night-view-through-defs-apartment-window-violated-jardines-but-there-was-still-pc-without-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45601","title":{"rendered":"E.D.Ky.: Late night view through def&#8217;s apartment window violated <em>Jardines<\/em> but there was still PC without it"},"content":{"rendered":"\n<p>Officers conducted a drug investigation into defendant\u2019s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be suppressed. Still, there was probable cause after excising it from the affidavit. United States v. Duncan, 2020 U.S. Dist. LEXIS 179331 (E.D.Ky. Sept. 29, 2020).<\/p>\n\n\n\n<p>Driving for 100 yards with both right wheels over the fog line is reasonable suspicion for a stop. <a href=\"https:\/\/isc.idaho.gov\/opinions\/47167.pdf\">State v. Devan<\/a>, 2020 Ida. App. LEXIS 70 (Sept. 28, 2020).*<\/p>\n\n\n\n<p>The government found defendant\u2019s Instagram \u201chandle\u201d by publicly searching Instagram and not his cell phone. Therefore, it wasn\u2019t fruit of the poisonous tree. United States v. White, 2020 U.S. Dist. LEXIS 178848 (S.D. N.Y. Sept. 28, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers conducted a drug investigation into defendant\u2019s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=45601\">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":[19,60,35],"tags":[],"class_list":["post-45601","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-independent-source","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45601","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=45601"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45601\/revisions"}],"predecessor-version":[{"id":45602,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45601\/revisions\/45602"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45601"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}