{"id":6853,"date":"2012-07-25T12:47:29","date_gmt":"2012-03-21T09:03:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-21T09:03:19","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6853","title":{"rendered":"PA: Warrant was overbroad as to other drugs, but plain view supported seizure anyway"},"content":{"rendered":"<p>The search warrant was for marijuana, cocaine, and paraphernalia, but there was only probable cause for marijuana, so the remainder is excised from the warrant. Nevertheless, the police were properly in defendant\u2019s home on the warrant, and they could seize other drugs in plain view and as inevitable discovery. <a href=\"http:\/\/www.pacourts.us\/OpPosting\/Superior\/out\/a05040_12.pdf\">Commonwealth v. Anderson<\/a>, 2012 PA Super 65, 40 A.3d 1245 (2012).<\/p>\n<p>Two people lived at defendant\u2019s house besides him, and one of the others granted consent. There was no reason to doubt their authority to consent. <a href=\"http:\/\/courts.state.wy.us\/Opinions\/2012WY39.pdf\">Smallfoot v. State<\/a>, 2012 WY 39, 272<br \/>\nP.3d 314 (2012).*<\/p>\n<p>The district judge does not need to say that a de novo review was done because it is presumed that it was. Defendant was removed from the house and another officer stayed behind to ask about others in the house, and then a plain view occurred. It was reasonable. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/12\/03\/112979U.pdf\">United States v. Ginn<\/a>,  465 Fed. Appx. 585 (8th Cir. 2012) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6853\">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-6853","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6853","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=6853"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6853\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6853"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6853"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6853"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}