{"id":7330,"date":"2013-02-23T11:54:39","date_gmt":"2012-06-22T10:21:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-22T10:21:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7330","title":{"rendered":"FL4: With PC, it doesn&#8217;t matter that the officer arrested first and searched later"},"content":{"rendered":"<p>Defendants were stopped for excessive tinting, and the officer could smell marijuana. The officers then had probable cause to search the car and arrest defendants, and it did not matter if the officer arrested first and searched later. <a href=\"http:\/\/www.4dca.org\/opinions\/June%202012\/06-20-12\/4D11-2473.op.pdf\">State v. Sarria<\/a>, 2012 Fla. App. LEXIS 9953 (Fla. 4th DCA June 20, 2012).*<\/p>\n<p>Defendant who borrowed his fiancee\u2019s car to commit a bank robbery was not shown to have a reasonable expectation of privacy in it when it was searched. People v. Earl, 297 Mich. App. 104 (June 19, 2012)*:<\/p>\n<blockquote><p>The mere fact that defendant was engaged to the owner-driver does not endow him with an ownership interest in the vehicle or a reasonable expectation of privacy in it. Although defendant claims that his fianc\u00e9e allowed him to use the vehicle, he did not show a continuous use of and right of access to the vehicle. Thus, defendant failed to carry his burden of demonstrating that he had a legitimate possessory or privacy interest in the vehicle.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7330\">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-7330","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7330","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=7330"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7330\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7330"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7330"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7330"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}