{"id":46423,"date":"2020-12-13T13:01:43","date_gmt":"2020-12-13T18:01:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46423"},"modified":"2020-12-13T13:01:43","modified_gmt":"2020-12-13T18:01:43","slug":"ne-search-of-defs-car-valid-under-automobile-exception-where-he-was-late-for-third-controlled-buy","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46423","title":{"rendered":"NE: Search of def&#8217;s car valid under automobile exception where he was late for third controlled buy"},"content":{"rendered":"\n<p>When defendant didn\u2019t show up for his third controlled buy, police went to him and searched his car finding the drugs. They had probable cause for that search under the automobile exception. <a href=\"https:\/\/www.nebraska.gov\/apps-courts-epub\/public\/viewOpinion?docId=N00007512PUB\">State v. Garza<\/a>, 29 Neb. App. 223 (Dec. 8, 2020).<\/p>\n\n\n\n<p>\u201cCarson&#8217;s argument that Aurand&#8217;s investigation was unconstitutional because it was limited to her interview with S.W. is unavailing. \u2018When a police officer has received a reliable identification by a victim of his or her attacker, the police have probable cause to arrest.\u2019 \u2026. Thus, S.W.&#8217;s identification of Carson was sufficient to provide probable cause. See Aurand Dep., ECF No. 32-6 at 25-26 (explaining that Aurand believed S.W. to be credible).\u201d Carson v. Aurand, 2020 U.S. App. LEXIS 38330 (3d Cir. Dec. 9, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When defendant didn\u2019t show up for his third controlled buy, police went to him and searched his car finding the drugs. They had probable cause for that search under the automobile exception. State v. Garza, 29 Neb. App. 223 (Dec. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46423\">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":[45,20],"tags":[],"class_list":["post-46423","post","type-post","status-publish","format-standard","hentry","category-45","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46423","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=46423"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46423\/revisions"}],"predecessor-version":[{"id":46424,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46423\/revisions\/46424"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46423"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}