{"id":9583,"date":"2013-11-28T07:08:20","date_gmt":"2013-10-09T18:11:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-09T18:11:35","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9583","title":{"rendered":"Cal.4th: Officer responding to a fight call from an apt. didn&#8217;t have to take defendant&#8217;s word all was fine"},"content":{"rendered":"<p>An officer was delayed in responding to a fight call at an apartment, and he got to defendant\u2019s premises and the others involved in the fight weren\u2019t around and not answering the door. Defendant was outside saying that everything was fine. Officers were free to disregard his statement and enter to check on persons who could have been injured in the fight. Alternatively, defendant\u2019s parole condition would have permitted the search. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/E055009.PDF\">People v. Lester<\/a>, 2013 Cal. App. LEXIS 800 (4th Dist. October 7, 2013).<\/p>\n<p>Defendant was not in custody during a consensual search so Miranda warnings were not required. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&amp;filename=426307MAJ\">State v. Rosas-Miranda<\/a>, 176 Wn. App. 773, 309 P.3d 728 (2013).*<\/p>\n<p>Merely touching or crossing the fog line is not weaving, and this stop was without reasonable suspicion. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=66353\">State v. Beck<\/a>, 2013 Mo. App. LEXIS 1161 (Mo. App. October 7, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9583\">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-9583","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9583","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=9583"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9583\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9583"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9583"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9583"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}