Defendant\u2019s probation officer was not a \u201cstalking horse\u201d for the police in this probation search. They both had their reasons for the search. Following most of the circuits addressing the issue, the search can precede the arrest. United States v. Ortiz, 2023 U.S. Dist. LEXIS 230998 (D.P.R. Dec. 28, 2023).*<\/p>\n\n\n\n
Defendant\u2019s probable cause issue is framed differently than in the trial court, but the state does not argue waiver. The court will go to the merits. The affidavit for warrant based on IP address doesn\u2019t need to exclude other people as the potential downloaders of the information. This also applies to his lack of nexus argument. The question is \u201csubstantial basis\u201d not beyond doubt. There was certainly probable cause here. Sloan v. State, 2023 Ind. App. LEXIS 364 (Dec. 29, 2023).*<\/p>\n\n\n\n
There was probable cause and the vehicle was mobile, so the automobile exception applies. United States v. Hightower, 2023 U.S. Dist. LEXIS 231035 (S.D. Ga. Dec. 7, 2023), adopted, 2023 U.S. Dist. LEXIS 229655 (S.D. Ga. Dec. 27, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s probation officer was not a \u201cstalking horse\u201d for the police in this probation search. They both had their reasons for the search. Following most of the circuits addressing the issue, the search can precede the arrest. United States v. … Continue reading