{"id":9291,"date":"2013-10-30T07:18:53","date_gmt":"2013-08-18T09:01:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-18T09:01:53","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9291","title":{"rendered":"SC: Length of stop &#8220;is a temporal inquiry, not a reasonableness inquiry.\u201d"},"content":{"rendered":"<p>The court of appeals did not err in holding that the valid stop was not \u201cmeasurably extended\u201d by incidental questions. \u201cWe also note that the proper inquiry is not whether an officer \u2018unreasonably\u2019 extended the duration of the traffic stop with his off-topic questions but whether he \u2018measurably\u2019 extended it. See Johnson, supra. This is a temporal inquiry, not a reasonableness inquiry.\u201d <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/HTMLFiles\/SC\/27297.pdf\">State v. Provet<\/a>, 402 S.C. 101, 747 S.E.2d 453 (2013), affg State v. Provet, 391 S.C. 494, 706 S.E.2d 513 (App. 2011).<\/p>\n<p>Defendant\u2019s computer was operating peer-to-peer, and it was not an invasion of privacy for police to use the Round Up program to remotely check for child pornography on his computer. That led to a valid state search warrant for his computer. While he was not immediately given an inventory for the seizure, this is not a significant enough violation of Rule 41 to matter. [If it\u2019s a state search warrant, Rule 41 doesn\u2019t apply; just the Fourth Amendment, anyway.] United States v. Franklin, 2013 U.S. Dist. LEXIS 116258 (W.D. Ark. August 16, 2013).*<\/p>\n<p>Defendant\u2019s protective sweep was invalid, but the search warrant later issued was an independent source for everything found because it had an independent basis. United States v. Byam, 2013 U.S. Dist. LEXIS 116147 (E.D. N.Y. August 15, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9291\">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-9291","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9291","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=9291"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9291\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9291"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9291"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9291"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}