{"id":9824,"date":"2013-11-19T14:20:00","date_gmt":"2013-11-19T09:36:32","guid":{"rendered":""},"modified":"2014-04-19T06:38:06","modified_gmt":"2014-04-19T11:38:06","slug":"en-us-22","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9824","title":{"rendered":"CA11: 404(b) motion is not a motion to suppress and waived Fourth Amendment issue"},"content":{"rendered":"<p>A motion to exclude evidence under 404(b) does not work like a motion to suppress under the Fourth Amendment. Taking it on plain error, it isn\u2019t even error because the stuff was taken from a storage unit that was abandoned. Also there was a computer search issue, but there was no reasonable expectation of privacy in the computers because defendant gave them to her daughter to sell. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201215207.pdf\">United States v. Kannell<\/a>, 545 Fed. Appx. 881 (11th Cir. 2013). <\/p>\n<p>Defense counsel was not ineffective for not arguing the issue in Jardines long before it was decided; it wouldn\u2019t apply to these facts anyway, and, even if it did, Davis good faith would apply. United States v. Lozano, 2013 U.S. Dist. LEXIS 163670 (D. Minn. November 18, 2013).*<\/p>\n<p>Defendant\u2019s ducking to his right as he was pulled over for a seatbelt violation was a furtive movement justifying a frisk. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/13a0983n-06.pdf\">United States v. Tillman<\/a>, 2013 U.S. App. LEXIS 23146, 2013 FED App. 0983N (6th Cir. November 14, 2013).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9824\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9824","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9824","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=9824"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9824\/revisions"}],"predecessor-version":[{"id":11057,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9824\/revisions\/11057"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9824"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9824"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9824"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}