{"id":55518,"date":"2023-08-01T12:48:34","date_gmt":"2023-08-01T17:48:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55518"},"modified":"2023-08-01T14:37:20","modified_gmt":"2023-08-01T19:37:20","slug":"e-d-mich-a-place-probationer-spent-some-nights-wasnt-his-official-residence-for-probation-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55518","title":{"rendered":"E.D.Mich.: A place probationer spent some nights wasn&#8217;t his official residence for probation search"},"content":{"rendered":"\n<p>Probation staff and the government failed to prove that the place searched under a probation search condition was defendant\u2019s place. He was permitted to stay with relatives on occasion but those were not his residences. The search is suppressed. United States v. Brewer, 2023 U.S. Dist. LEXIS 132179 (E.D.Mich. July 31, 2023).<\/p>\n\n\n\n<p>The dog arrived soon enough into the stop that it wasn\u2019t delayed any. It was reasonable. State v. Heath, 2023-Ohio-2647, 2023 Ohio App. LEXIS 2609 (11th Dist. July 31, 2023).*<\/p>\n\n\n\n<p>Defendant had no reasonable expectation of privacy from being recorded by an IRS agent he invited into his office. Ramseur v. United States, 2023 U.S. Dist. LEXIS 132146 (N.D. Tex. June 21, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s Franks challenge fails for lack of the affiant\u2019s intent to mislead and lack of materiality. As to two places searched, he doesn\u2019t have standing either. United States v. Bolling, 2023 U.S. Dist. LEXIS 132105 (S.D.W.Va. July 31, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Probation staff and the government failed to prove that the place searched under a probation search condition was defendant\u2019s place. He was permitted to stay with relatives on occasion but those were not his residences. The search is suppressed. United &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55518\">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":[27,21,58,18,34],"tags":[],"class_list":["post-55518","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-franks-doctrine","category-probationparole-search","category-reasonable-expectation-of-privacy","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55518","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=55518"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55518\/revisions"}],"predecessor-version":[{"id":55520,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55518\/revisions\/55520"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55518"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55518"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55518"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}