{"id":510,"date":"2007-06-17T06:33:03","date_gmt":"2006-10-21T09:34:03","guid":{"rendered":""},"modified":"2017-09-17T13:41:48","modified_gmt":"2017-09-17T18:41:48","slug":"en-us-122","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=510","title":{"rendered":"Search incident 35 minutes after handcuffing in a motel room was not unreasonable where the defendant started by falsely identifying himself and things escalated from there."},"content":{"rendered":"<p><em>(Federal appeals cases today are largely unpublished. More cases provided later.)<\/em><\/p>\n<p>Police were investigating unusual activity in a motel, as was their practice. Hotel management reported unusual activity between rooms 329 and 333 and backup was called for a simultaneous knock and talk. Before back up arrived, it was determined that an arrest warrant existed for Rollins.  His search incident 35 minutes in the motel room after initial contact with the officer was valid. Important was that he repeatedly falsely identified himself and set in motion the evolving situation. Defendant had been handcuffed long before the search incident. United States v. Rollins, 190 Fed. Appx. 739 (10th Cir. October 17, 2006)* (unpublished)<\/p>\n<p>Affidavit for search warrant was not plainly deficient or &#8220;bare bones.&#8221; While caselaw decided after the warrant in this case pointed to a lack of probable cause, it was not obvious, and the court proceeds to discuss numerous cases of parallels on sufficiency of probable cause to show the lack of such obviousness. Therefore, the good faith exception applies.   United States v. Harju, 466 F.3d 602 (7th Cir. October 20, 2006).*<\/p>\n<p>Inmate&#8217;s pro se \u00a7 1983 case was erroneously dismissed without service of process: his claim was not barred by <em>Heck<\/em> or <em>Younger<\/em> abstention, and he has a right to proceed. Moore v. Inman, 210 Fed. Appx. 550 (8th Cir. 2006)* (unpublished).<\/p>\n<p>Inventory was valid. Defendant&#8217;s car was stopped after an illegal turn, but police already had a BOLO for one matching it for being involved in pointing a gun at the person in a drive through window at a liquor store. When defendant was stopped, he had no DL and was arrested for driving without a license. Inventory followed producing gun. He was arrested for being a felon in possession of a firearm. United States v. Player, 2006 U.S. App. LEXIS 25895 (6th Cir. October 16, 2006)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=510\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-510","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/510","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=510"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/510\/revisions"}],"predecessor-version":[{"id":29079,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/510\/revisions\/29079"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=510"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=510"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=510"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}