{"id":50152,"date":"2021-11-03T09:18:41","date_gmt":"2021-11-03T14:18:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50152"},"modified":"2021-11-05T09:09:14","modified_gmt":"2021-11-05T14:09:14","slug":"ar-gfe-applies-to-dispatch-saying-there-was-a-search-waiver-when-there-apparently-wasnt","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50152","title":{"rendered":"AR: GFE applies to dispatch saying there was a search waiver when there apparently wasn’t"},"content":{"rendered":"\n

The officer relied in good faith, as in Herring, upon dispatch saying that defendant had a probation search waiver on file. She argued that she had a suspended sentence and never agreed to a search waiver and the suspended sentence had expired. No search waiver was produced. Ashby v. State<\/a>, 2021 Ark. App. 424, 2021 Ark. App. LEXIS 446 (Nov. 3, 2021) (the concurrence is concerned that the good faith exception is swallowing all the rules).<\/p>\n\n\n\n

Directing the arrest of a journalist for merely asking a question states an obvious First Amendment false arrest claim. Villarreal v. City of Laredo<\/a>, 2021 U.S. App. LEXIS 32505 (5th Cir. Nov. 1, 2021). See CNS: Appeals court sides with citizen journalist jailed for asking questions<\/a> (“A citizen journalist\u2019s arrest for seeking information from police was ‘an obvious violation of the Constitution,’ the Fifth Circuit ruled.”); Reason: Cops Arrested Her for Exercising Her First Amendment Rights. They Got Qualified Immunity\u2014but the Appeals Court Wasn’t Having It.<\/a> (“‘This is not just an obvious constitutional infringement\u2014it’s hard to imagine a more textbook violation of the First Amendment.'”)<\/p>\n\n\n\n

The exclusionary rule does not apply in supervised release revocation proceedings. United States v. Profit, 2021 U.S. Dist. LEXIS 210088 (D.Kan. Nov. 1, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer relied in good faith, as in Herring, upon dispatch saying that defendant had a probation search waiver on file. She argued that she had a suspended sentence and never agreed to a search waiver and the suspended sentence … 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":[50,58],"tags":[],"class_list":["post-50152","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50152","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=50152"}],"version-history":[{"count":5,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50152\/revisions"}],"predecessor-version":[{"id":50179,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50152\/revisions\/50179"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50152"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50152"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}