{"id":5899,"date":"2011-12-28T12:48:04","date_gmt":"2011-08-14T08:51:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-14T08:51:38","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5899","title":{"rendered":"WA: Computer memory cards properly searched by PO with RS other violations occurred"},"content":{"rendered":"<p>Defendant was a sex offender under a community control sentence, and he violated the terms of release. The search of his portable memory cards by his PO did not violate his state constitutional privacy rights because statute reasonably permitted a search of his home, car, and other \u201cpersonal property.\u201d <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&amp;filename=402360MAJ\">State v. Parris<\/a>, 163 Wn. App. 110 (2011).*<\/p>\n<p>The officer called the judge for a telephonic search warrant, and the officer testified that he was not sworn in before giving information from the CI that made the PC for the warrant. After the search, he returned the warrant to the judge who signed it. The judge had no recollection of the call or the warrant approval. The trial court held that the warrant was invalid, but nevertheless executed in good faith under Leon, and the appellate court affirmed on the good faith exception. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2009+Ala.+Crim.+App.+LEXIS+103+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2009+Ala.+Crim.+App.+LEXIS+103+&amp;searchTerm=\">Bailey v. State<\/a>, 67 So. 3d 145 (Ala. Crim. App. 2009), Released for Publication July 27, 2011.*<\/p>\n<p>The issuing magistrate was a trial commissioner who held over his term of office, and he was still a de facto officer under state law. [If he was not, the good faith exception would not apply.] Gourley v. Commonwealth, 335 S.W.3d 468 (Ky. App. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5899\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5899","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5899","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5899"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5899\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5899"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5899"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5899"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}