{"id":47653,"date":"2021-03-12T08:55:21","date_gmt":"2021-03-12T13:55:21","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47653"},"modified":"2021-03-12T08:55:21","modified_gmt":"2021-03-12T13:55:21","slug":"ca9-dv-victim-defs-wife-consented-to-search-for-firearms","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47653","title":{"rendered":"CA9: DV victim, def&#8217;s wife, consented to search for firearms"},"content":{"rendered":"\n<p>Defendant\u2019s wife called the police as a domestic violence victim, and she was found to have consented to a search of their garage and gun safe. She was emotional, considering what she\u2019d been through, but consent wasn\u2019t involuntary. She was treated as a victim, not a potential defendant. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2021\/03\/10\/18-30162.pdf\">United States v. Stanard<\/a>, 2021 U.S. App. LEXIS 6955 (9th Cir. Mar. 10, 2021).<\/p>\n\n\n\n<p>The three day delay in testing defendant\u2019s blood after it was seized with a warrant wasn\u2019t justification for a new trial. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=92c06fd9-d177-4d76-9172-e8d081ebaf14&amp;MediaID=f9611423-ed4f-498c-ac4c-bca6fcdf697f&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Schneider v. State<\/a>, 2021 Tex. App. LEXIS 1760 (Tex. App. \u2013 Austin Mar. 10, 2021).*<\/p>\n\n\n\n<p>\u201cFifield has pointed to no evidence, in the record or otherwise, to support his Fourth Amendment claim\u201d founded on ineffective assistance of counsel. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201913096.pdf\">Fifield v. Sec&#8217;y<\/a>, 2021 U.S. App. LEXIS 6934 (11th Cir. Mar. 10, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s wife called the police as a domestic violence victim, and she was found to have consented to a search of their garage and gun safe. She was emotional, considering what she\u2019d been through, but consent wasn\u2019t involuntary. She was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47653\">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":[24,23,16],"tags":[],"class_list":["post-47653","post","type-post","status-publish","format-standard","hentry","category-consent","category-ineffective-assistance","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47653","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=47653"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47653\/revisions"}],"predecessor-version":[{"id":47654,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47653\/revisions\/47654"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47653"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47653"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47653"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}