{"id":1253,"date":"2007-08-16T14:41:01","date_gmt":"2007-08-15T14:40:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-08-16T14:40:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1253","title":{"rendered":"Nervous behavior with an expired inspection sticker is not reasonable suspicion"},"content":{"rendered":"<p>Nervous behavior with an expired inspection sticker is not reasonable suspicion for extending a stop.  United States v. Mooneyham, 2007 U.S. Dist. LEXIS 58952 (W.D. Tex. August 10, 2007).*<\/p>\n<p>School search of plaintiff was justified at its inception by the fact plaintiff was seen entering an area where an explosion occurred just five seconds before. Plaintiff also had a history of disciplinary problems and had an odor of gunpowder on his hands when confronted. The fact he was not charged with a crime is irrelevant. Richardson v. Bd. of Educ. Ky., 2007 U.S. Dist. LEXIS 58960 (W.D. Ky. August 10, 2007).*<\/p>\n<p>&#8220;[E]ven though the warrant did not specifically permit the officers to search the fields on the farm, the officers were entitled to search them without a warrant under the open fields doctrine.&#8221; United States v. Brown, 2007 U.S. Dist. LEXIS 58958 (W.D. Ky. August 9, 2007).*<\/p>\n<p>Habeas petitioner loses on IAC claim because defense counsel&#8217;s failure to file a suppression motion was objectively reasonable because it could not be won both because of defendant&#8217;s consent and inevitable discovery because, without the consent, a search warrant would have issued. Ruiz v. Hall, 2007 U.S. Dist. LEXIS 58728 (N.D. Cal. July 30, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1253\">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-1253","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1253","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=1253"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1253\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1253"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1253"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1253"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}