{"id":48891,"date":"2021-06-28T00:00:00","date_gmt":"2021-06-28T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48891"},"modified":"2021-06-29T08:22:15","modified_gmt":"2021-06-29T13:22:15","slug":"n-d-iowa-there-is-a-rep-in-a-wheelchair-as-an-effect","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48891","title":{"rendered":"N.D.Iowa: There is a REP in a wheelchair as an &#8220;effect&#8221;"},"content":{"rendered":"\n<p>Defendant had a reasonable expectation of privacy in his wheelchair where he\u2019d hidden a gun. The automobile exception doesn\u2019t apply to wheelchairs, and neither does Chadwick on the locked footlocker. The gun was seen by Walmart employees who called the police. Defendant was a felon in possession. United States v. Cunningham, 2021 U.S. Dist. LEXIS 118496 (N.D. Iowa Apr. 29, 2021) (the court notes it could find no case like it).<\/p>\n\n\n\n<p>\u201cIn reviewing the record, we find that the evidence in this case is sufficient to show that the officers&#8217; decision to conduct the inventory search of appellant&#8217;s vehicle was made in good faith, following the lawful arrest of appellant and his passenger, and was in accordance with police department policy. Accordingly, we find that the officers&#8217; inventory search was lawful.\u201d <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/6\/2021\/2021-Ohio-2143.pdf\">State v. Upchurch<\/a>, 2021-Ohio-2143, 2021 Ohio App. LEXIS 2102 (6th Dist. June 25, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had a reasonable expectation of privacy in his wheelchair where he\u2019d hidden a gun. The automobile exception doesn\u2019t apply to wheelchairs, and neither does Chadwick on the locked footlocker. The gun was seen by Walmart employees who called the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48891\">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":[36,39,18],"tags":[],"class_list":["post-48891","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-inventory","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48891","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=48891"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48891\/revisions"}],"predecessor-version":[{"id":48914,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48891\/revisions\/48914"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48891"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48891"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48891"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}