{"id":56262,"date":"2023-11-06T05:25:28","date_gmt":"2023-11-06T10:25:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56262"},"modified":"2023-11-06T05:25:28","modified_gmt":"2023-11-06T10:25:28","slug":"ca7-misuse-of-dealer-tag-justified-search-incident","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56262","title":{"rendered":"CA7: Misuse of dealer tag justified search incident"},"content":{"rendered":"\n

The district court decided this vehicle search on inventory. On appeal, the court goes with search incident because the vehicle was being driven with improper dealer tags. Officer \u201cHobbs’s search of the glovebox incident to Travis’s arrest was proper. Evidence of a vehicle’s ownership and registration is regularly contained in the glovebox of a vehicle. Evidence of ownership would bear directly on whether it was illegal for Travis to operate the car with dealer plates.\u201d United States v. Travis<\/a>, 2023 U.S. App. LEXIS 29386 (7th Cir. Nov. 3, 2023).<\/p>\n\n\n\n

\u201cIn the present case, the plaintiff appears to claim that the defendants illegally obtained his cell phone records and used them against him in his underlying criminal prosecution. The plaintiff’s appellate brief, however, is nearly incomprehensible.\u201d \u201cThe omissions in the plaintiff’s brief lead us to conclude that the plaintiff has abandoned his claims.\u201d Stanley v. Scott, 2023 Conn. App. LEXIS 256 (Nov. 7, 2023).*<\/p>\n\n\n\n

Where probation had ended, a probation search could not occur. Also, he did not consent. State v. Simons, 315 Neb. 415 (Nov. 3, 2023).*<\/p>\n\n\n\n

Defendant\u2019s motion to withdraw his guilty plea is denied. During the plea colloquy he asked even whether a search warrant could be issued on hearsay. The plea was voluntary. United States v. Coleman, 2023 U.S. Dist. LEXIS 198232 (D.D.C. Nov. 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The district court decided this vehicle search on inventory. On appeal, the court goes with search incident because the vehicle was being driven with improper dealer tags. Officer \u201cHobbs’s search of the glovebox incident to Travis’s arrest was proper. Evidence … 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":[58,26,129],"tags":[],"class_list":["post-56262","post","type-post","status-publish","format-standard","hentry","category-probationparole-search","category-search-incident","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56262","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=56262"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56262\/revisions"}],"predecessor-version":[{"id":56263,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56262\/revisions\/56263"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56262"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56262"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}