{"id":5501,"date":"2011-12-28T12:42:58","date_gmt":"2011-05-01T09:14:34","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-01T09:14:34","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5501","title":{"rendered":"CA11: Arrest of defendant standing outside his car for selling drugs from car justified search incident"},"content":{"rendered":"<p>Officers had an arrest warrant for defendant for selling drugs out of his vehicle. When they found him, he was standing next to the vehicle with the door open. The search was valid as a search incident. [Looks to me that it would have been sustained under the automobile exception, too; it is reasonable to believe that drugs would be in the car since drugs were recently sold from it.] <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201013655.pdf\">United States v. Johnson<\/a>, 424 Fed. Appx. 922 (11th Cir. 2011) (unpublished).*<\/p>\n<p>Traffic stop on I-70 was without justification, so the stop is suppressed, as are the defendants\u2019 statements.  United States v. Murphy, 778 F. Supp. 2d 237 (N.D. N.Y. 2011).*<\/p>\n<p>Seizure of defendant\u2019s computer was proper because of his admissions that there was child pornography on it. His consent thereafter was not the fruit of the poisonous tree. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2011\/04\/27\/10-30119.pdf\">United States v. Blood<\/a>, 429 Fed. Appx. 670 (9th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5501\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5501","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5501","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5501"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5501\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5501"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5501"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5501"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}