{"id":57987,"date":"2024-05-29T08:05:52","date_gmt":"2024-05-29T13:05:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57987"},"modified":"2024-05-29T08:05:52","modified_gmt":"2024-05-29T13:05:52","slug":"cal-1-gfe-applied-to-probation-search-term","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57987","title":{"rendered":"Cal.1: GFE applied to probation search term"},"content":{"rendered":"\n<p>The good faith exception applied to defendant\u2019s probation search. The officer checked and reasonably concluded that defendant was still on searchable probation at the time. <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/A168411.PDF\">People v. Pritchett<\/a>, 2024 Cal. App. LEXIS 348 (1st Dist. May 8, 2024), certified for publication May 28, 2024).<\/p>\n\n\n\n<p>Seizure of defendant\u2019s cell phone was not reasonable under the search incident exception where he was arrested and moved to where the phone was. Exigent circumstances also did not apply. Plain view did apply because officers were executing a search warrant and cell phones are known tools of the drug trade. Alleged false statements in the warrant affidavit aren\u2019t material because probable cause exists without them. United States v. Santos, 2024 U.S. Dist. LEXIS 94025 (D.P.R. May 23, 2024).*<\/p>\n\n\n\n<p>Plaintiff\u2019s strip search in jail after return from court was conducted reasonably. Smith v. McGinley, 2024 U.S. Dist. LEXIS 94054 (M.D. Pa. May 28, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s truck was still readily mobile such that the automobile exception applied. Turnage v. State, 2024 Miss. App. LEXIS 231 (May 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The good faith exception applied to defendant\u2019s probation search. The officer checked and reasonably concluded that defendant was still on searchable probation at the time. People v. Pritchett, 2024 Cal. App. LEXIS 348 (1st Dist. May 8, 2024), certified for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57987\">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":[36,5,11,58,26,41],"tags":[],"class_list":["post-57987","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-cell-phones","category-good-faith-exception","category-probationparole-search","category-search-incident","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57987","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=57987"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57987\/revisions"}],"predecessor-version":[{"id":57988,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57987\/revisions\/57988"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57987"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57987"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57987"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}