{"id":1465,"date":"2008-01-11T04:41:16","date_gmt":"2007-10-21T08:54:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-21T08:54:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1465","title":{"rendered":"Defendant&#8217;s arrest and removal was not shown to avoid his consent"},"content":{"rendered":"<p>Defendant was removed from the premises on his arrest, and consent was sought from his cotenant. There was no showing that the defendant&#8217;s removal was for the purpose of avoiding asking him for consent under <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=000&amp;invol=04-1067\">Randolph<\/a>. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/newpdf\/2\/2007\/2007-ohio-5564.pdf\">State v. Ball<\/a>, 2007 Ohio 5564, 2007 Ohio App. LEXIS 4887 (2d Dist. October 12, 2007).*<\/p>\n<p>Federal DWI stop was based on articulable reasonable suspicion. United States v. Caine, 517 F. Supp. 2d 586 (D. Mass. 2007).*<\/p>\n<p>Defendant&#8217;s handcuffing and frisk was based on reasonable suspicion and the fact he was on probation. United States v. Jones, 2007 U.S. Dist. LEXIS 77270 (E.D. Tenn. October 16, 2007).*<\/p>\n<p>Citizen informant told officers at an inland border checkpoint on I-87 in Upstate New York that a vehicle made a U-turn to avoid the checkpoint. Officers found the vehicle on a state highway near the Interstate. It swerved and was stopped for that, and the officer then smelled marijuana. A consent search was mentioned, and the defendant admitted to having marijuana. The search was valid.  <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2007\/2007_07775.htm\">People v. Boyea<\/a>, 2007 NY Slip Op 7775, 2007 N.Y. App. Div. LEXIS 10707 (3d Dept. October 18, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1465\">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-1465","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1465","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=1465"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1465\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1465"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1465"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1465"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}