{"id":10071,"date":"2013-12-27T10:16:43","date_gmt":"2013-12-27T00:00:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-24T13:09:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10071","title":{"rendered":"SD: Stop and frisk of innocent man was still with RS and search was reasonable"},"content":{"rendered":"<p>Defendant was mistaken for being a casino robber who had entered a Sioux Falls casino at night wearing sunglasses and a baseball cap pulled way down over his eyes. A casino employee had seen a poster with the robber\u2019s photograph, and she thought he was the man. She hit the \u201cpanic button\u201d that called the police, and, when on the phone, was acting really scared and afraid to talk. \u201cThe overall tone and nature of the call\u2014an identified, concerned citizen feeling so threatened that she is unable to speak openly with a dispatcher\u2014further supports the officers&#8217; reasonable suspicion of criminal activity.\u201d When the police arrived, they went over to defendant and talked to him. When he tensed up, they frisked him finding a meth pipe. The frisk was still with reasonable suspicion, although he was the wrong man. The casino employee was not a CI because she talked with the police and was identifiable. <a href=\"http:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/26579.pdf\">State v. Mohr<\/a>, 2013 SD 94, 2013 S.D. LEXIS 154 (December 18, 2013).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10071\">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-10071","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10071","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10071"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10071\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10071"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10071"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10071"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}