{"id":12629,"date":"2014-07-21T00:23:23","date_gmt":"2014-07-21T05:23:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12629"},"modified":"2014-07-23T08:00:04","modified_gmt":"2014-07-23T13:00:04","slug":"vi-the-question-is-no-whether-the-driver-is-guilty-of-a-traffic-offense-just-whether-there-is-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12629","title":{"rendered":"VI: The question is not whether the driver is guilty of a traffic offense, just whether there is RS"},"content":{"rendered":"<p>The officer stopped defendant because he swerved, and defendant claimed it was because he was avoiding a pedestrian. The government isn\u2019t required to prove that it was true or not; the question is reasonable suspicion of bad driving, and it was. Then the odor of marijuana was detected. <a href=\"http:\/\/www.visuperiorcourt.org\/opinions\/pdfs\/People%20v.%20Jerome%20Turnbull%20(SX-2011-cr-832).pdf\">People v. Turnbull<\/a>, 2014 V.I. LEXIS 46 (Super.Ct. June 23, 2014).*<\/p>\n<p>Defendant\u2019s blood was taken by search warrant and not by the implied consent law, so its taking was valid. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO93708.pdf\">Whitaker v. State<\/a>, 2014 Miss. LEXIS 321 (July 17, 2014).*<\/p>\n<p>The officer was justified in stopping the defendant&#8217;s car because of a cracked windshield. Then he was really nervous and he consented to a search of the car. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2014\/2014-ohio-3166.pdf\">State v. Herron<\/a>, 2014-Ohio-3166, 2014 Ohio App. LEXIS 3083 (2d Dist. July 18, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer stopped defendant because he swerved, and defendant claimed it was because he was avoiding a pedestrian. The government isn\u2019t required to prove that it was true or not; the question is reasonable suspicion of bad driving, and it &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=12629\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55,35],"tags":[],"class_list":["post-12629","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12629","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12629"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12629\/revisions"}],"predecessor-version":[{"id":12655,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12629\/revisions\/12655"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12629"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}