{"id":48243,"date":"2021-04-27T05:07:57","date_gmt":"2021-04-27T10:07:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48243"},"modified":"2021-04-27T05:07:57","modified_gmt":"2021-04-27T10:07:57","slug":"d-vt-apt-building-parking-lot-not-curtilage-defs-girlfriend-was-private-searcher","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48243","title":{"rendered":"D.Vt.: Apt building parking lot not curtilage; def&#8217;s girlfriend was private searcher"},"content":{"rendered":"\n<p>Defendant\u2019s vehicle was in an apartment building parking lot, and that\u2019s not curtilage. There was also probable cause to search it and it was mobile. Defendant\u2019s cell phone was privately seized from his vehicle and turned over to police by his domestic violence victim. United States v. Guillette, 2021 U.S. Dist. LEXIS 78454 (D. Vt. Apr. 23, 2021).<\/p>\n\n\n\n<p>The search of defendant\u2019s person at the station house was reasonable as inventory [or search incident]. He hadn\u2019t been fully searched on the street. The gun found was admissible. United States v. Murrell, 2021 U.S. Dist. LEXIS 78344 (S.D. N.Y. Apr. 23, 2021).<\/p>\n\n\n\n<p>The officer who investigated and arrested defendant was later prosecuted. Defendant doesn\u2019t show that this had any relationship to the search warrant in his case. United States v. Becks, 2021 U.S. Dist. LEXIS 78551 (W.D. Va. Apr. 23, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s vehicle was in an apartment building parking lot, and that\u2019s not curtilage. There was also probable cause to search it and it was mobile. Defendant\u2019s cell phone was privately seized from his vehicle and turned over to police by &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48243\">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":[39,43,26],"tags":[],"class_list":["post-48243","post","type-post","status-publish","format-standard","hentry","category-inventory","category-private-search","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48243","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=48243"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48243\/revisions"}],"predecessor-version":[{"id":48244,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48243\/revisions\/48244"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48243"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48243"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48243"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}