{"id":54720,"date":"2023-04-15T10:13:09","date_gmt":"2023-04-15T15:13:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54720"},"modified":"2023-04-15T10:13:09","modified_gmt":"2023-04-15T15:13:09","slug":"fl2-defs-mental-health-seizure-was-unreasonable-under-state-law-his-search-incident-thus-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54720","title":{"rendered":"FL2: Def&#8217;s mental health seizure was unreasonable under state law; his search incident thus was unreasonable"},"content":{"rendered":"\n<p>Defendant\u2019s mental health seizure didn\u2019t comply with state law and was unreasonable. There was no face-to-face meeting to evaluate his condition required by law. His girlfriend had reported that he was sending suicidal text messages. <a href=\"https:\/\/2dca.flcourts.gov\/content\/download\/866055\/opinion\/220564_DC13_04142023_090616_i.pdf\">K.M. v. State<\/a>, 2023 Fla. App. LEXIS 2526 (Fla. 2d DCA Apr. 14, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s encounter with the Border Patrol was completely consensual, and drugs were found in plain view. United States v. Thomas, 2023 U.S. App. LEXIS 8895 (5th Cir. Apr. 13, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s parole search was valid. He argued his partially suspended sentence expired 2-3 months before the search, but he was still on parole at the time. It was based on reasonable suspicion from being actively involved in a street gang to which police attributed 61 violent crimes in 19 months. United States v. Ware, 2023 U.S. Dist. LEXIS 65344 (S.D. Ga. Mar. 3, 2023),* adopted 2023 U.S. Dist. LEXIS 64384 (S.D. Ga. Apr. 12, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s mental health seizure didn\u2019t comply with state law and was unreasonable. There was no face-to-face meeting to evaluate his condition required by law. His girlfriend had reported that he was sending suicidal text messages. K.M. v. State, 2023 Fla. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54720\">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":[24,58,26],"tags":[],"class_list":["post-54720","post","type-post","status-publish","format-standard","hentry","category-consent","category-probationparole-search","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54720","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=54720"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54720\/revisions"}],"predecessor-version":[{"id":54721,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54720\/revisions\/54721"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}