{"id":8867,"date":"2013-11-14T07:34:44","date_gmt":"2013-06-11T00:00:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-10T19:17:47","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8867","title":{"rendered":"MS: Undercarriage of car considered murder weapon properly searched under automobile exception"},"content":{"rendered":"<p>In this death penalty case, defendant\u2019s car was suspected of running down and over his victim. When the car was seized, the undercarriage of the car had tissue from the victim. The car was seized for a search warrant, but immediate seizure of the tissue sample was clearly reasonable under the automobile exception even before the warrant. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO84250.pdf\">Galloway v. State<\/a>, 122 So. 3d 614 (Miss. 2013).<\/p>\n<p>Jamaican wiretaps were done by local law enforcement, and Jamaican authorities were not acting as surrogates for U.S. law enforcement. The product of the wiretap could thus be used in a U.S. court. Also, the government could not be made to turn over the wiretap applications because they were not in its possession. <a href=\"http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/0e57a3d4-be4a-4efd-ad94-5b779db533ab\/2\/doc\/12-88_opn.pdf#xml=http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/0e57a3d4-be4a-4efd-ad94-5b779db533ab\/2\/hilite\/\">United States v. Lee<\/a>, 723 F.3d 134 (2d Cir. 2013).<\/p>\n<p>Defendant was in a group of men \u201csocializing\u201d when an officer cut him from the pack and escorted him to a car while holding his waistband. He was asked for consent and did. The stop was without reasonable suspicion, and suppression should have been granted. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2013\/2013_04144.htm\">People v. Noah<\/a>, 2013 NY Slip Op 04144, 2013 N.Y. App. Div. LEXIS 4052 (4th Dept. June 7, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8867\">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-8867","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8867","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=8867"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8867\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8867"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}