{"id":48461,"date":"2021-05-19T04:16:40","date_gmt":"2021-05-19T09:16:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48461"},"modified":"2021-05-19T04:16:40","modified_gmt":"2021-05-19T09:16:40","slug":"la5-use-of-a-flashlight-on-a-car-is-still-a-plain-view","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48461","title":{"rendered":"LA5: Use of a flashlight on a car is still a plain view"},"content":{"rendered":"\n

Using a flashlight to look in a car was still a valid plain view. State v. Williams<\/a>, 2021 La. App. LEXIS 767 (La. App. 5 Cir. May 13, 2021).<\/p>\n\n\n\n

Where the alleged OWI offender was incapacitated, Mitchell applies to his blood draw, and the case is remanded to the trial court because it didn\u2019t have the benefit of Mitchell when it heard the motion to suppress. State v. McGee<\/a>, 2021 Iowa Sup. LEXIS 61 (May 14. 2021).<\/p>\n\n\n\n

\u201cAlone, the officers’ complaints and the tipster’s statement\u2014even combined\u2014would not cross the probable cause threshold. But, considering these pieces of evidence regarding activity at the residence against the backdrop of the traffic stop circumstances, Lawson’s criminal history, and Officer’s Salyer’s averments concerning his training and experience working on drug trafficking investigations, the affidavit established a sufficient nexus between Lawson’s ongoing drug activity and the Hays Fork Lane property.\u201d \u201cIn any event, even if the affidavit did not establish probable cause as required, it is clear on this record that a reasonably well-trained officer could have believed that it did.\u201d United States v. Lawson, 2021 U.S. Dist. LEXIS 92103 (E.D. Ky. Apr. 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Using a flashlight to look in a car was still a valid plain view. State v. Williams, 2021 La. App. LEXIS 767 (La. App. 5 Cir. May 13, 2021). Where the alleged OWI offender was incapacitated, Mitchell applies to his … 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":[55,38,51],"tags":[],"class_list":["post-48461","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-nexus","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48461","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=48461"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48461\/revisions"}],"predecessor-version":[{"id":48462,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48461\/revisions\/48462"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48461"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48461"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48461"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}