{"id":57545,"date":"2024-04-06T11:14:12","date_gmt":"2024-04-06T16:14:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57545"},"modified":"2024-04-06T11:14:12","modified_gmt":"2024-04-06T16:14:12","slug":"ca5-pc-showing-for-house-in-affidavit-for-sw-also-supported-automobile-exception-search-of-car-elsewhere","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57545","title":{"rendered":"CA5: PC showing for house in affidavit for SW also supported automobile exception search of car elsewhere"},"content":{"rendered":"\n<p>The affidavit for the warrant for defendant\u2019s house also provided nexus to defendant\u2019s car. When it was driven away from the house just before the search, the police decided to stop and search it. That search was valid under the automobile exception. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/pub\/23\/23-30231-CR0.pdf\">United States v. Clayton<\/a>, 2024 U.S. App. LEXIS 8123 (5th Cir. Apr. 4, 2024).<\/p>\n\n\n\n<p>\u201cRuiz argues that \u2018[b]ecause the residence was searched absent a search warrant and without an applicable exception to the search warrant requirement the search was unreasonable.\u2019 ECF No. 50 at 1. The Court disagrees for three reasons. First, the officers lawfully discovered drugs in plain view during their protective sweep of the home. Second, even if the protective sweep was unlawful, Yingling and other Task Force members still had authority to search Ruiz&#8217;s home based on his parole status. Lastly, the good faith exception to the exclusionary rules applies.\u201d United States v. Ruiz, 2024 U.S. Dist. LEXIS 61831 (S.D. Iowa Apr. 1, 2024).*<\/p>\n\n\n\n<p>Defense counsel\u2019s failure to appeal denial of a motion to suppress isn\u2019t ineffective assistance of counsel where it never could succeed on the merits. United States v. Carter, 2024 U.S. Dist. LEXIS 61954 (E.D. Va. Apr. 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for the warrant for defendant\u2019s house also provided nexus to defendant\u2019s car. When it was driven away from the house just before the search, the police decided to stop and search it. That search was valid under the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57545\">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":[36,23,58,22],"tags":[],"class_list":["post-57545","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-ineffective-assistance","category-probationparole-search","category-protective-sweep"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57545","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=57545"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57545\/revisions"}],"predecessor-version":[{"id":57547,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57545\/revisions\/57547"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57545"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57545"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57545"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}