{"id":57846,"date":"2024-05-08T11:57:17","date_gmt":"2024-05-08T16:57:17","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57846"},"modified":"2024-05-08T14:55:40","modified_gmt":"2024-05-08T19:55:40","slug":"d-mont-30-day-delay-in-getting-sw-for-seized-storage-building-not-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57846","title":{"rendered":"D.Mont.: 30-day delay in getting SW for seized storage building not unreasonable"},"content":{"rendered":"\n<p>In a kidnapping case, the 30-day delay in seeking a search warrant for defendant\u2019s storage unit after its seizure was not unreasonable. \u201cThe Court next considers the degree to which the seizure and retention of Lepe&#8217;s storage unit and its contents was necessary for the promotion of important governmental interests. Place, 462 U.S. at 703-04. It finds that, under the circumstances in this case, the Government had an interest in investigating and finding evidence of the kidnapping across state lines and abuse of a woman. Further, once the Government suspected that Lepe was involved in the distribution of illegal drugs, it had a significant interest in investigating and finding evidence of Lepe&#8217;s role in drug distribution.\u201d United States v. LePe, 2024 U.S. Dist. LEXIS 82631 (D. Mont. May 6, 2024).<\/p>\n\n\n\n<p>The detail from the CI was well supported and corroborated. The affidavit for the warrant was not so lacking in probable cause that the good faith exception doesn\u2019t apply. State v. Windland, 2024-Ohio-1760 (5th Dist. May 6, 2024).*<\/p>\n\n\n\n<p>Nebraska police chased fleeing plaintiff into Iowa and there was a crash. A Nebraska county could be sued in Iowa. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/24\/05\/231059P.pdf\">Wade v. Pottawattamie County<\/a>, 23-1059 (8th Cir. May 7, 2024).* [That\u2019s what happened in Plumhoff v. Rickard, SCOTUS ten years ago; police chase started in Arkansas (8th Cir.) and ended in Memphis with a shooting death (6th Cir.).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a kidnapping case, the 30-day delay in seeking a search warrant for defendant\u2019s storage unit after its seizure was not unreasonable. \u201cThe Court next considers the degree to which the seizure and retention of Lepe&#8217;s storage unit and its &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57846\">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":[45,44],"tags":[],"class_list":["post-57846","post","type-post","status-publish","format-standard","hentry","category-45","category-informant-hearsay"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57846","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=57846"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57846\/revisions"}],"predecessor-version":[{"id":57849,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57846\/revisions\/57849"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57846"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57846"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57846"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}