{"id":48598,"date":"2021-05-31T00:00:00","date_gmt":"2021-05-31T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48598"},"modified":"2021-05-31T05:02:11","modified_gmt":"2021-05-31T10:02:11","slug":"s-d-tex-inevitable-discovery-of-inevitable-sw-obviated-dispute-over-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48598","title":{"rendered":"S.D.Tex.: Inevitable discovery by inevitable SW obviated dispute over consent"},"content":{"rendered":"\n<p>Inevitable discovery also supports the consent search of defendant\u2019s cell phone obtained at the Sarita, Texas checkpoint. The officers had probable cause and told him they\u2019d get a search warrant and he consented instead. The matter was clearly under active investigation. United States v. Reyes-Herrera, 2021 U.S. Dist. LEXIS 101416 (S.D. Tex. May 28, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s objection to the R&amp;R was general and pointed out no particular error, and thus there was no clear error. United States v. Latourell, 2021 U.S. Dist. LEXIS 101555 (D. Minn. May 28, 2021).*<\/p>\n\n\n\n<p>Plaintiff\u2019s Tasing during an apparent psychotic break when police were called a second time was objectively reasonable. Estate of Erwin v. Greene County, 2021 U.S. App. LEXIS 16102 (6th Cir. May 26, 2021).*<\/p>\n\n\n\n<p>Directing defendant during a traffic stop to get out of the car and stand on the sidewalk was a detention, but it was reasonable. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2021\/2021-Ohio-1834.pdf\">State v. Hampton<\/a>, 2021-Ohio-1834, 2021 Ohio App. LEXIS 1787 (2d Dist. May 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Inevitable discovery also supports the consent search of defendant\u2019s cell phone obtained at the Sarita, Texas checkpoint. The officers had probable cause and told him they\u2019d get a search warrant and he consented instead. The matter was clearly under active &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48598\">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":[52,68,63],"tags":[],"class_list":["post-48598","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-inevitable-discovery","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48598","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=48598"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48598\/revisions"}],"predecessor-version":[{"id":48601,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48598\/revisions\/48601"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48598"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48598"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48598"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}