{"id":50816,"date":"2021-12-18T13:56:37","date_gmt":"2021-12-18T18:56:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50816"},"modified":"2021-12-18T16:52:03","modified_gmt":"2021-12-18T21:52:03","slug":"ca4-when-a-pos-knocked-for-a-probation-visit-sounds-from-inside-gave-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50816","title":{"rendered":"CA4: When POs knocked for a probation visit, sounds from inside gave RS for probation search"},"content":{"rendered":"\n

\u201cWimer contends that the probation officers who visited his home lacked reasonable suspicion to search his person. We find that, based on the totality of the circumstances, the officers had reasonable suspicion to search him. At the outset of the home visit, one of the occupants of the residence abruptly shut the door to the residence when the officers approached; the officers could then hear shuffling inside the residence before knocking, and once the officers were inside, the occupants of the residence exhibited nervousness. When Wimer voluntarily produced gloves and cash from his pockets, the officer was surprised and concerned about his safety and the situation. These facts, taken together, gave, the officers reasonable suspicion to search Wimer’s person.\u201d United States v. Wimer<\/a>, 2021 U.S. App. LEXIS 37218 (4th Cir. Dec. 16, 2021). (The analysis is quite the same as for reasonable suspicion for a no-knock entry.)<\/p>\n\n\n\n

The operator of Kik Messenger flagged a child pornography photo and sent it to police. The police search, if it was one, was the same as Kik\u2019s. \u201cEven if, in this case, a Kik employee did not view the image prior to sending it to law enforcement, the good faith exception to the exclusionary rule would apply.\u201d United States v. Gianatasio, 2021 U.S. Dist. LEXIS 241133 (D.Mass. Dec. 17, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWimer contends that the probation officers who visited his home lacked reasonable suspicion to search his person. We find that, based on the totality of the circumstances, the officers had reasonable suspicion to search him. At the outset of the … 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":[43,58,35],"tags":[],"class_list":["post-50816","post","type-post","status-publish","format-standard","hentry","category-private-search","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50816","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=50816"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50816\/revisions"}],"predecessor-version":[{"id":50825,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50816\/revisions\/50825"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}