{"id":56967,"date":"2024-01-29T00:02:00","date_gmt":"2024-01-29T05:02:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=56967"},"modified":"2024-01-28T18:04:37","modified_gmt":"2024-01-28T23:04:37","slug":"ks-search-of-defs-purse-when-she-was-passed-out-likely-from-oding-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56967","title":{"rendered":"KS: Search of def&#8217;s purse when she was passed out likely from ODing was reasonable"},"content":{"rendered":"\n<p>The emergency aid exception justified the search of defendant\u2019s purse. She was passed out on a convenience store bathroom floor with drug paraphernalia around her. It was reasonable to look in her purse to see what drug it might have been and her name. <a href=\"https:\/\/www.kscourts.org\/KSCourts\/media\/KsCourts\/Opinions\/124970.pdf?ext=.pdf\">State v. Dixon<\/a>, 2024 Kan. App. LEXIS 1 (Jan. 26, 2024).<\/p>\n\n\n\n<p>Four exceptions to the warrant requirement apply here: consent, plain view, exigent circumstances, and inevitable discovery. As to the delay in searching his cell phone: \u201cIn United States v. Laist, 702 F.3d 608 (11th Cir. 2012), the Circuit made clear that there is no bright-line rule concerning how long of a delay is unreasonable.\u201d This delay was not unreasonable. United States v. Meyung, 2024 U.S. Dist. LEXIS 13576 (N.D. Ga. Jan. 3, 2024),* adopted, 2024 U.S. Dist. LEXIS 12279 (N.D. Ga. Jan. 24, 2024).*<\/p>\n\n\n\n<p>The state court judge that issued this warrant had probable cause to issue the warrant, so the good faith exception wasn\u2019t an issue. Nexus was also shown. United States v. Williams, 2023 U.S. Dist. LEXIS 233888 (N.D. Ala. Dec. 12, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The emergency aid exception justified the search of defendant\u2019s purse. She was passed out on a convenience store bathroom floor with drug paraphernalia around her. It was reasonable to look in her purse to see what drug it might have &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56967\">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":[3,38,20,8],"tags":[],"class_list":["post-56967","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-nexus","category-probable-cause","category-staleness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56967","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=56967"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56967\/revisions"}],"predecessor-version":[{"id":56968,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56967\/revisions\/56968"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56967"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56967"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56967"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}