GUILTY NH - AH, 14, North Conway, 9 October 2013 - #14

[tlcya]

Kibby has not raised a Fourth Amendment issue. See Hearing.

Correct. Nor did I. If I recall you did. Post number 896

One exception to the search warrant requirement of the Fourth Amendment is the "automobile exception." The automobile exception, obviously, applies only to automobiles. Accordingly, if the state searches a mobile home, without a warrant, and relies on the "automobile exception" to contend that the search was proper, the state must demonstrate that the mobile home is, in fact, an automobile.

How does the "automobile exception" relate to the present issue? The present issue, I think, is whether a criminal defendant has a due process right to conduct an independent examination of an alleged crime scene before the state relocates the crime scene, and, if so, whether the state must put the defendant on notice of its theory before the defendant must assert this right.

Imagine that Kibby was a bus driver who had been evicted from his apartment and, out of necessity, slept on his bus for a year (including the period that Hernandez was missing). The bus is clearly an "automobile" -- I fail to see how that is material in terms of the present analysis. Instead of a bus, imagine that Kibby lived in a tree house. The tree house, clearly, is not an automobile; again, I fail to see the significance of this determination.

Or do I simply misunderstand your position?

 

[tlcya]

Having been schooled quite thoroughly on this now ruled upon issue I bid you all goodnight. Because really the only reason I can see for quoting a post of mine from prior to that decision at this point would be an effort to patronize.

I am afraid that today of all days, my big girl panties are not nearly big enough for that.

 

[bessie]

Please continue at the new thread.

NH - Abigail Hernandez, 14, North Conway, 9 October 2013 - #15 **ARREST**