{"id":55079,"date":"2023-06-06T00:01:00","date_gmt":"2023-06-06T05:01:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55079"},"modified":"2023-06-05T17:47:25","modified_gmt":"2023-06-05T22:47:25","slug":"w-d-mich-when-the-question-of-pc-for-a-warrant-is-close-theres-still-a-substantial-basis-for-finding-pc-and-gfe","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55079","title":{"rendered":"W.D.Mich.: When the question of PC for a warrant is close, there&#8217;s still a substantial basis for finding PC and GFE"},"content":{"rendered":"\n<p>The question of probable cause to search these packages was a close call. There clearly was at least reasonable suspicion and some of the same facts support probable cause. On the totality, there was at least a substantial basis for finding probable cause. Moreover, the good faith exception would apply, too. United States v. Guzman, 2023 U.S. Dist. LEXIS 96768 (W.D. Mich. June 2, 2023).<\/p>\n\n\n\n<p>When the officer told defendant to \u201chang tight\u201d while motel surveillance videos were reviewed by other officers as to his movements that evening, there was at least reasonable suspicion for a detention because he was lying. Buckley v. State, 2023 Ark. App. 330 (May 31, 2023).*<\/p>\n\n\n\n<p>The scope of the probation search under California law (the area defendant had access to) appears proper. United States v. Brunson, 2023 U.S. Dist. LEXIS 96026 (S.D. Cal. June 1, 2023).*<\/p>\n\n\n\n<p>Remand for a Franks hearing is denied because defendant doesn\u2019t show any alleged falsities. People v. Rider, 2023 Mich. App. LEXIS 3919 (June 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The question of probable cause to search these packages was a close call. There clearly was at least reasonable suspicion and some of the same facts support probable cause. On the totality, there was at least a substantial basis for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55079\">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":[21,11,20,58,35],"tags":[],"class_list":["post-55079","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-good-faith-exception","category-probable-cause","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55079","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=55079"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55079\/revisions"}],"predecessor-version":[{"id":55080,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55079\/revisions\/55080"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55079"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}