{"id":8381,"date":"2013-02-17T07:47:20","date_gmt":"2013-02-17T07:47:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-17T07:47:20","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8381","title":{"rendered":"D.Ariz.: One doesn&#8217;t need to be a police target for a search warrant to issue for evidence"},"content":{"rendered":"<p>Defendant contended that he was not a suspect in a crime, but a witness, therefore a search warrant could not issue for his place. To the contrary, a person can be innocent of crime but have evidence subject to a search warrant (<a href=\"http:\/\/scholar.google.com\/scholar_case?case=4415481225642593103&amp;q=zurcher+v.+stanford+daily&amp;hl=en&amp;as_sdt=1002\">Zurcher<\/a>). United States v. Kelly, 2013 U.S. Dist. LEXIS 20949 (D. Ariz. February 14, 2013).*<\/p>\n<p>While defendant did not testify, the circumstances showed his reasonable expectation of privacy in the two containers searched. Keeping the containers closed and locked manifested his expectation of privacy. United States v. Gardner, 2013 U.S. Dist. LEXIS 20527 (E.D. N.C. January 30, 2013).*<\/p>\n<p>The search of defendant\u2019s car was with probable cause. Officers observed a hand-to-hand transaction with defendant standing next to the car, and he drove off and stopped at a business. They followed and talked to defendant, and the odor of marijuana was coming from the car. United States v. Farmer, 2013 U.S. Dist. LEXIS 20933 (E.D. Mo. January 2, 2013).*<\/p>\n<p>While this is a close case, the anonymous CI provided his basis of knowledge to the officer, and that supported credibility for the stop based on reasonable suspicion. United States v. Aviles-Vega, 2013 U.S. Dist. LEXIS 20220 (D. P.R. January 8, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8381\">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-8381","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8381","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=8381"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8381\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8381"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8381"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8381"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}