{"id":59205,"date":"2024-10-27T10:32:50","date_gmt":"2024-10-27T15:32:50","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59205"},"modified":"2024-10-27T10:32:50","modified_gmt":"2024-10-27T15:32:50","slug":"ok-exclusion-not-the-remedy-for-knock-and-announce-violation-under-state-constitution-either","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59205","title":{"rendered":"OK: Exclusion not the remedy for knock-and-announce violation under state constitution either"},"content":{"rendered":"\n<p>Exclusion is not the remedy for a knock-and-announce violation, following Hudson under state constitution, too. <a href=\"https:\/\/www.oscn.net\/applications\/oscn\/DeliverDocument.asp?CiteID=547233\">State v. Velasquez<\/a>, 2024 OK CR 29, 2024 Okla. Crim. App. LEXIS 28 (Oct. 24, 2024).<\/p>\n\n\n\n<p>Officers had a warrant for defendant\u2019s arrest, and when his car was stopped, he wouldn\u2019t get out right away. That became probable cause for the car. Even if probable cause was lacking, there was a valid inventory. United States v. McKen, 2024 U.S. Dist. LEXIS 193019 (E.D.N.Y. Oct. 16, 2024).*<\/p>\n\n\n\n<p>Reasonable suspicion: \u201cDuring the course of Trooper Allen&#8217;s investigation of the traffic violation that warranted the initial stop, he smelled marijuana emanating from Appellant&#8217;s vehicle and observed that Appellant&#8217;s eyes were bloodshot and glassy. \u2026 Trooper Allen further testified that Appellant acknowledged using marijuana at 9 p.m. earlier that evening and presented him with a \u2018dab pen\u2019 that contained suspected THC wax. \u2026 Thereafter, Trooper Allen asked Appellant to exit his vehicle so that he could conduct field sobriety tests.\u201d Commonwealth v. Sanchez, 2024 PA Super 245 (Oct. 25, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Exclusion is not the remedy for a knock-and-announce violation, following Hudson under state constitution, too. State v. Velasquez, 2024 OK CR 29, 2024 Okla. Crim. App. LEXIS 28 (Oct. 24, 2024). Officers had a warrant for defendant\u2019s arrest, and when &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59205\">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":[36,56,20,35,53],"tags":[],"class_list":["post-59205","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-knock-and-announce","category-probable-cause","category-reasonable-suspicion","category-state-constitution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59205","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=59205"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59205\/revisions"}],"predecessor-version":[{"id":59206,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59205\/revisions\/59206"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59205"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59205"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}