{"id":6636,"date":"2012-07-25T15:55:30","date_gmt":"2012-02-06T07:11:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-06T07:11:03","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6636","title":{"rendered":"NY: Search incident of car day after arrest invalid"},"content":{"rendered":"<p>Defendant was arrested for having an open container that was in plain view. While a search incident at the time of the arrest would have been valid, a search the next day was not. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2012\/2012_22022.htm\">People v Tashbaeva<\/a>, 35 Misc. 3d 812, 938 N.Y.S.2d 873, 2012 NY Slip Op 22022 (Richmond Co. 2012).<\/p>\n<p>The officers had reasonable suspicion for stopping a Lincoln Town Car that pulled up in front of a residence under surveillance for drug activity. The car stopped 3-5&#8242; from the curb, the driver stayed in the car, somebody ran inside, stayed a few seconds, and came back out, and then the car drove away committing a couple of traffic offenses. When the officer started following, the Town Car stopped in the middle of the street. <a href=\"http:\/\/courts.state.wy.us\/Opinions\/2012WY10.pdf\">Lovato v. State<\/a>, 2012 WY 10, 269 P.3d 426 (2012).*<\/p>\n<p>Defendant and the officer taking his statement were unaware of an allegedly illegal search of his computer for child pornography before he made an incriminating statement. Therefore, the statement was not caused by the illegal search. United States v. Howe, 2012 U.S. Dist. LEXIS 12989 (W.D. N.Y. February 2, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6636\">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-6636","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6636","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=6636"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6636\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6636"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6636"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6636"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}