{"id":52586,"date":"2022-06-15T06:51:38","date_gmt":"2022-06-15T11:51:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52586"},"modified":"2022-06-18T08:13:27","modified_gmt":"2022-06-18T13:13:27","slug":"oh3-in-flyover-case-def-carries-burden-of-showing-a-search-and-violation-of-faa-rules","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52586","title":{"rendered":"OH3: In flyover case, def carries burden of showing a “search” and violation of FAA rules"},"content":{"rendered":"\n

In a helicopter flyover case, defendant carried the burden of showing that the police conducted a \u201csearch\u201d that violated his reasonable expectation of privacy by flying too low in violation of FAA rules. He didn\u2019t here; remanded. State v. Jordan<\/a>, 2022-Ohio-1992, 2022 Ohio App. LEXIS 1864 (3d Dist. June 13, 2022).<\/p>\n\n\n\n

The traffic stop of a suspected heroin dealer was reasonable, and wasn\u2019t longer than necessary. United States v. Henry<\/a>, 2022 U.S. App. LEXIS 16131 (5th Cir. June 10, 2022).*<\/p>\n\n\n\n

\u201cAs stated in Rodriguez, the Fourth Amendment tolerates police activities that do not lengthen the duration of the detention. However, the district court’s finding that \u2018the court cannot determine if those [deviations] ‘measurably extended’ the duration of [the] seizure\u2019 was clearly erroneous. The record confirms that while there were two deviations from the initial course of this traffic stop, the combined deviation was insufficient to change the overall length of the stop beyond the time when the drug dog alerted on the vehicle. When this occurred, it gave rise to a reasonable suspicion of drug activity and allowed officers to continue to investigate. Accordingly, we reverse the district court’s order granting Riley’s motion to suppress and remand the case for further proceedings.\u201d State v. Riley<\/a>, 2022 Ida. LEXIS 67 (June 10, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

In a helicopter flyover case, defendant carried the burden of showing that the police conducted a \u201csearch\u201d that violated his reasonable expectation of privacy by flying too low in violation of FAA rules. He didn\u2019t here; remanded. State v. Jordan, … 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":[77,18,63,73],"tags":[],"class_list":["post-52586","post","type-post","status-publish","format-standard","hentry","category-open-fields","category-reasonable-expectation-of-privacy","category-reasonableness","category-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52586","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=52586"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52586\/revisions"}],"predecessor-version":[{"id":52621,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52586\/revisions\/52621"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52586"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52586"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52586"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}