{"id":9860,"date":"2013-11-24T09:14:25","date_gmt":"2013-11-25T00:00:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-24T09:14:25","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9860","title":{"rendered":"W.D.N.Y.: \u201cPhotographs\u201d in a SW includes their digital or hard copy format"},"content":{"rendered":"<p>A search warrant for evidence of untaxed cigarette possession included a clause for seizing photographic evidence of possession of untaxed cigarettes. When executing the warrant, officers picked up a camera and looked at the screen and scanned photographs finding apparent child pornography. A common sense reading of \u201cphotographs\u201d includes their digital or hard copy format. The search was valid because the warrant specifically included photographs, and it was in good faith.  United States v. Miller, 2013 U.S. Dist. LEXIS 166618 (W.D. N.Y. August 16, 2013).<\/p>\n<p>Defendant was arrested for bank robbery after his picture was picked out of about 1000 as the suspect. The video of the bank robbery is inconclusive, and it can\u2019t be said that defendant was clearly not the robber. His wife consented to a search of their place, and a gun and ammunition were found, and he\u2019s a felon in possession. United States v. Bartee, 2013 U.S. Dist. LEXIS 166366 (S.D. N.Y. November 12, 2013).*<\/p>\n<p>Defendant \u201cflipped his pickup truck\u201d in the Great Smoky Mountains National Park, and it took the officer a while to get to do a field sobriety test. Some of the officer\u2019s time was spent directing traffic around the scene. Based on the damage to defendant\u2019s truck, the officer called EMS. He couldn\u2019t do a field sobriety test until 25 minutes into it, and, all things considered, the officer acted reasonably. United States v. Lane, 2013 U.S. Dist. LEXIS 166339 (E.D. Tenn. November 5, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9860\">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-9860","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9860","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=9860"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9860\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9860"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9860"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9860"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}