{"id":6237,"date":"2012-05-26T16:27:27","date_gmt":"2011-11-07T08:16:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-07T08:16:00","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6237","title":{"rendered":"M.D.Tenn.: <em>Gant<\/em> not retroactive to forfeiture action either"},"content":{"rendered":"<p>Gant was not retroactive for a forfeiture action, either. United States v. $164,705.00 United States Currency, 2011 U.S. Dist. LEXIS 127687 (M.D. Tenn. November 3, 2011).*<\/p>\n<p>Under Washington law, however, a defendant who did not challenge his search incident under Gant because the hearing was before Gant was decided could still raise it on appeal. Remanded. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&amp;filename=385406MAJ\">State v. Johnson<\/a>, 164 Wn. App. 486, 273 P.3d 446 (2011).*<\/p>\n<p>Summary judgment was properly granted the police officers for the Terry search of defendant\u2019s person for a gun. They had articulable reasonable suspicion defendant was armed. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/111679np.pdf\">Spears v. Leporace<\/a>, 449 Fed. Appx. 187 (3d Cir. 2011) (unpublished).*<\/p>\n<p>The defendant relied on the police reports to show that the officers did not believe that they had probable cause at the time of the stop, but the court finds probable cause despite the fact one officer said \u201cdetained\u201d and another said \u201carrested.\u201d United States v. Vazquez-Silva, 2011 U.S. Dist. LEXIS 127939 (D. Idaho November 4, 2011)*: <\/p>\n<blockquote><p>The defense also argues that the distinction between the officers&#8217; reports as to whether Mr. Vazquez was detained or arrested is critical. The defense contends the officers&#8217; behaviors at the time of the traffic stop suggest they had not yet determined whether or not he had any involvement in the drug transaction yet and were trying to figure out if there was any evidence they could use, even from the house, to link him to the case. The point being that at the time of his arrest there wasn&#8217;t sufficient probable cause for him to have been arrested, asked incriminating questions, and his property, including the Jetta, searched. The Court finds otherwise.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6237\">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-6237","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6237","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=6237"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6237\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}