{"id":7699,"date":"2012-09-12T20:57:19","date_gmt":"2012-09-13T04:36:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-12T20:57:19","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7699","title":{"rendered":"D.S.C.: No standing in a kid&#8217;s book bag in the car that had drugs stashed in it"},"content":{"rendered":"<p>Defendant had no standing to contest the search of the book bag of an elementary school student in his car. The student was in the car when it was stopped, and he was getting a ride from somebody else, and he asked for the book bag and an officer retrieved it, but looked in it before handing it over. The book bag wasn\u2019t under his control that afternoon, and inside was cocaine. Apparently the drugs were stashed there then. United States v. Magwood, 2012 U.S. Dist. LEXIS 128697 (D. S.C. September 11, 2012).*<\/p>\n<p>Defendant was repeatedly told he was free to leave and he still kept talking to the officers, and that was by consent. United States v. Hernandez,  2012 U.S. Dist. LEXIS 128078 (E.D. N.C. September 10, 2012).*<\/p>\n<p>The court credits the officers\u2019 testimony on the defendant\u2019s consent. Compared to theirs, the defendant\u2019s testimony was contradictory and confusing. United States v. Benitez-Vergara, 2012 U.S. Dist. LEXIS 129097 (N.D. Tex. September 11, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7699\">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-7699","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7699","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=7699"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7699\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7699"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7699"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7699"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}