{"id":54909,"date":"2023-05-14T18:17:18","date_gmt":"2023-05-14T23:17:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54909"},"modified":"2023-05-15T08:06:59","modified_gmt":"2023-05-15T13:06:59","slug":"ok-no-gfe-for-search-under-a-statute-held-unconstitutional-18-months-before-the-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54909","title":{"rendered":"OK: No GFE* for search under a statute held unconstitutional 18 months before the search"},"content":{"rendered":"\n

Defendant was stopped and had blood taken after a DUI stop under a statute held unconstitutional 18 months earlier by this court. No good faith exception for a statute still on the books that everyone should have known about. (Defendant filed a \u201cPlea in Abatement, Motion to Quash, Motion to Set Aside the Information and Motion to Dismiss.\u201d The trial court called it a motion to suppress and that\u2019s how it proceeded.) State v. Burtrum<\/a>, 2023 OK CR 7, 2023 Okla. Crim. App. LEXIS 7 (May 11, 2023).<\/p>\n\n\n\n

Plaintiff was on probation and revoked for an altercation with a car dealer that led to his arrest by police. The car dealer was previously dismissed out for lack of state action. Plaintiff doesn\u2019t show that the arrest lacked probable cause. The officer is not responsible for the dealer\u2019s alleged false story. Alexander-Campos v. Reinke, 2023 U.S. Dist. LEXIS 83247 (N.D. Cal. May 11, 2023).*<\/p>\n\n\n\n

Defendant\u2019s driving justified a traffic stop for almost hitting a University of Dayton police officer at an intersection. State v. Hein, 2023-Ohio-1592 (2d Dist. May 12, 2023).<\/p>\n\n\n\n

________________
* I learned from the Legal Profession Blog on 5\/15 that \u201cGfe\u201d also “mean[s] girlfriend experience with sex.” Urban Dictionary has two definitions: Girl Friend Experience<\/a> and Affection<\/a> oriented <\/a>escort<\/a>. I’ve been using GFE in headlines for over 20 years. Urban Dictionary’s post was 2-1\/2 months after this blog started.<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was stopped and had blood taken after a DUI stop under a statute held unconstitutional 18 months earlier by this court. No good faith exception for a statute still on the books that everyone should have known about. (Defendant … 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":[50,11,35],"tags":[],"class_list":["post-54909","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-good-faith-exception","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54909","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=54909"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54909\/revisions"}],"predecessor-version":[{"id":54915,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54909\/revisions\/54915"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}