{"id":48577,"date":"2021-05-28T08:07:32","date_gmt":"2021-05-28T13:07:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48577"},"modified":"2021-05-28T08:07:32","modified_gmt":"2021-05-28T13:07:32","slug":"ca9-body-cam-video-of-unreasonable-warrantless-entry-to-house-should-have-been-suppressed-but-harmless","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48577","title":{"rendered":"CA9: Body cam video of unreasonable warrantless entry to house should have been suppressed; but harmless"},"content":{"rendered":"\n<p>The warrantless entry into defendant\u2019s house and body cam recording of him violated the Fourth Amendment. The other evidence, however, was overwhelming, so was harmless. United States v. Holiday, 2021 U.S. App. LEXIS 15884 (9th Cir. May 27, 2021).<\/p>\n\n\n\n<p>Where the search warrant was arguably overbroad on its face, it was saved by the particularity of the two incorporated attachments. The search was properly limited, whether the attachments were all there or not at the time of execution. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/20\/20-1021.pdf\">United States v. Nolan<\/a>, 2021 U.S. App. LEXIS 15765 (10th Cir. May 26, 2021).<\/p>\n\n\n\n<p>Defendant didn\u2019t consent to a search of her hotel room when the police picked her up elsewhere and brought her back questioning her about her cell phone they wanted to search. <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/search\/collection\/p17027coll3%21p17027coll5%21p17027coll6\/searchterm\/A164641\/field\/all\/mode\/all\/conn\/all\/order\/date\/ad\/desc\">State v. Yaeger<\/a>, 311 Ore. App. 626, 2021 Ore. App. LEXIS 696 (May 26, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The warrantless entry into defendant\u2019s house and body cam recording of him violated the Fourth Amendment. The other evidence, however, was overwhelming, so was harmless. United States v. Holiday, 2021 U.S. App. LEXIS 15884 (9th Cir. May 27, 2021). Where &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48577\">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":[89,24,3,65],"tags":[],"class_list":["post-48577","post","type-post","status-publish","format-standard","hentry","category-body-cameras","category-consent","category-emergency-exigency","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48577","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=48577"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48577\/revisions"}],"predecessor-version":[{"id":48578,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48577\/revisions\/48578"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48577"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48577"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48577"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}