{"id":12692,"date":"2014-07-26T11:39:25","date_gmt":"2014-07-26T16:39:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12692"},"modified":"2014-08-27T11:27:43","modified_gmt":"2014-08-27T16:27:43","slug":"ma-baggies-of-drugs-supported-dui-detention-since-no-alcohol-signs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12692","title":{"rendered":"MA: Baggies of drugs supported DUI detention since no alcohol signs"},"content":{"rendered":"<p>Defendant was stopped for possible impaired driving, but he didn\u2019t show signs of alcohol intoxication. Instead, officers saw baggies that one would obviously associate with drugs and that supported the officer\u2019s later actions. The motion to suppress should not have been granted. <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/13p0837.pdf\">Commonwealth v. Fisher<\/a>, 86 Mass. App. Ct. 48, 13 N.E.3d 629 (2014).*<\/p>\n<p>Second entry on another warrant into defendant\u2019s home was justified because the officers weren\u2019t sure that they had the right guy. They didn\u2019t have to wait or look around for a more positive ID since there were still questions. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/10\/2014\/2014-ohio-3204.pdf\">State v. Isbell<\/a>, 2014-Ohio-3204, 2014 Ohio App. LEXIS 3133 (10th Dist. July 22, 2014).*<\/p>\n<p>A furtive movement from a passenger wearing a shirt associated with a gang was reasonable suspicion. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A151603.pdf\">State v. Lee<\/a>, 2014 Ore. App. LEXIS 998 (July 23, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for possible impaired driving, but he didn\u2019t show signs of alcohol intoxication. Instead, officers saw baggies that one would obviously associate with drugs and that supported the officer\u2019s later actions. The motion to suppress should not have &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=12692\">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":[51,35,16],"tags":[],"class_list":["post-12692","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-reasonable-suspicion","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12692","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=12692"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12692\/revisions"}],"predecessor-version":[{"id":13072,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12692\/revisions\/13072"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12692"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12692"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12692"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}