{"id":49213,"date":"2021-07-31T09:02:07","date_gmt":"2021-07-31T14:02:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49213"},"modified":"2021-07-31T09:02:07","modified_gmt":"2021-07-31T14:02:07","slug":"s-d-fla-pc-for-constructive-possession-shown-def-doesnt-have-to-handle-firearm-in-video","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49213","title":{"rendered":"S.D.Fla.: PC for constructive possession shown; def doesn&#8217;t have to handle firearm in video"},"content":{"rendered":"\n<p>There was probable cause for defendant\u2019s constructive possession of a firearm. The government didn\u2019t have to show he was in actual possession for probable cause. He also presumably knew he had a prior conviction to support his being a felon in possession. United States v. Arcurms, 2021 U.S. Dist. LEXIS 138384 (S.D.Fla. July 23, 2021).*<\/p>\n\n\n\n<p>Plaintiff doctor\u2019s complaint against Blue Cross \u201cis more than one thousand paragraphs long and includes sixty-four claims against IBC.\u201d His Fourth Amendment claim is rejected because Blue Cross is not a state actor. Anand v. Independence Blue Cross, 2021 U.S. Dist. LEXIS 138414 (E.D.Pa. July 23, 2021).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not filing a motion to suppress he found frivolous and which defendant can\u2019t show would have been granted. And, there was no prejudice at trial even. Vereen v. United States, 2021 U.S. Dist. LEXIS 138494 (M.D.Fla. July 23, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s consent to search a vehicle included hidden compartments, here a speaker box. Here, the speaker box itself was suspicious because it wasn\u2019t wired and screws were missing. United States v. Romero, 2021 U.S. Dist. LEXIS 138655 (W.D.Ark. June 28, 2021).*<\/p>\n\n\n\n<p>Not a search issue but interesting: After a prompt taking of samples, defendant\u2019s saliva was found on the child victim\u2019s labia thus corroborating outcry evidence. His DNA was obtained by search warrant. <a href=\"https:\/\/search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=3b9d0af9-ad1e-40ec-aaaa-6409c4fe031a&amp;MediaID=4f4cef94-c0ef-497c-8327-059819a72ebd&amp;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&amp;DT=Opinion\">Sanchez v. State<\/a>, 2021 Tex. App. LEXIS 5923 (Tex. App. \u2013 Amarillo July 26, 2021) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was probable cause for defendant\u2019s constructive possession of a firearm. The government didn\u2019t have to show he was in actual possession for probable cause. He also presumably knew he had a prior conviction to support his being a felon &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49213\">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":[24,57,23,20,59],"tags":[],"class_list":["post-49213","post","type-post","status-publish","format-standard","hentry","category-consent","category-dna","category-ineffective-assistance","category-probable-cause","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49213","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=49213"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49213\/revisions"}],"predecessor-version":[{"id":49214,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49213\/revisions\/49214"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49213"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49213"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49213"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}