{"id":54115,"date":"2023-01-24T13:30:10","date_gmt":"2023-01-24T18:30:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54115"},"modified":"2023-01-25T09:31:47","modified_gmt":"2023-01-25T14:31:47","slug":"n-d-iowa-car-transporter-has-common-authority-to-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54115","title":{"rendered":"N.D.Iowa:  Car transporter has common authority to consent"},"content":{"rendered":"\n<p>A car being hauled west was searched on the car hauler\u2019s truck by consent of the hauler. He had common authority to do that. Moreover, defendant\u2019s standing as to the vehicle was tenuous at best. Registration had expired before the haul, and it wasn\u2019t clear who owned it. United States v. Belton, 2023 U.S. Dist. LEXIS 10883 (N.D. Iowa Jan. 23, 2023).<\/p>\n\n\n\n<p>Some of defendant\u2019s objections to the R&amp;R as to reasonable suspicion are sustained, but he loses on probable cause and suppression not being justified as a deterrent. United States v. Lang, 2023 U.S. Dist. LEXIS 10997 (E.D. Ky. Jan. 23, 2023),* R&amp;R 2022 U.S. Dist. LEXIS 236477 (E.D. Ky. Dec. 19, 2022).*<\/p>\n\n\n\n<p>\u201cPetitioner does not indicate what facts support any Fourth Amendment claim, let alone how counsel was alleged to be deficient in failing to raise such claim. Since this argument is devoid of factual allegations or citations to the record, it is deemed waived.\u201d Barker v. United States, 2023 U.S. Dist. LEXIS 11068 (E.D. Mich. Jan. 5, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A car being hauled west was searched on the car hauler\u2019s truck by consent of the hauler. He had common authority to do that. Moreover, defendant\u2019s standing as to the vehicle was tenuous at best. Registration had expired before the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54115\">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":[30,23,20],"tags":[],"class_list":["post-54115","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-ineffective-assistance","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54115","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=54115"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54115\/revisions"}],"predecessor-version":[{"id":54120,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54115\/revisions\/54120"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54115"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54115"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}