{"id":52442,"date":"2022-05-26T05:06:04","date_gmt":"2022-05-26T10:06:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52442"},"modified":"2022-05-26T05:06:04","modified_gmt":"2022-05-26T10:06:04","slug":"mt-welfare-check-of-car-was-reasonable-but-extending-it-was-without-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52442","title":{"rendered":"MT: Welfare check of car was reasonable, but extending it was without RS"},"content":{"rendered":"\n<p>The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. <a href=\"https:\/\/searchcourts.mt.gov\/PerceptiveJUDSupremeCourt\/APP\/connector\/1\/224\/url\/BEF8E112-F8B4-C8F8-9B10-80F823300000.pdf\">State v. Zeimer<\/a>, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022).<\/p>\n\n\n\n<p>A zoning inspection here to get a permit was reasonable. The homeowner couldn\u2019t require the county to do it after the permit was granted. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2022\/05\/24\/21-15722.pdf\">Schmid v. Cnty. of Sonoma<\/a>, 2022 U.S. App. LEXIS 14096 (9th Cir. May 24, 2022).*<\/p>\n\n\n\n<p>The CI was questioned under oath by the state court judge [as happens in NY], and the redacted portions of the transcript relate only to his or her identity and not the merits of the probable cause. United States v. Bailey, 2022 U.S. Dist. LEXIS 93149 (W.D.N.Y. May 24, 2022).*<\/p>\n\n\n\n<p>The inventory here was proper in scope and within the NYSP policy. United States v. Morris, 2022 U.S. Dist. LEXIS 93273 (W.D.N.Y. Apr. 12, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52442\">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":[9,74,44,39,35],"tags":[],"class_list":["post-52442","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-community-caretaking-function","category-informant-hearsay","category-inventory","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52442","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=52442"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52442\/revisions"}],"predecessor-version":[{"id":52443,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52442\/revisions\/52443"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52442"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52442"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52442"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}