{"id":15731,"date":"2015-02-05T09:23:18","date_gmt":"2015-02-05T14:23:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15731"},"modified":"2015-02-05T09:23:18","modified_gmt":"2015-02-05T14:23:18","slug":"s-d-tex-ignoring-a-border-patrol-officer-near-the-border-is-a-factor-in-reasonable-suspicion-of-alien-smuggling","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15731","title":{"rendered":"S.D.Tex.: Ignoring a Border Patrol officer near the border is a factor in reasonable suspicion of alien smuggling"},"content":{"rendered":"<p>Ignoring a Border Patrol officer near the border is a factor in reasonable suspicion of alien smuggling. United States v. Juarez-Olmedo, 2015 U.S. Dist. LEXIS 12167 (S.D.Tex. February 3, 2015).<\/p>\n<p>The officer was responding to a shots fired call at 4 am and arriving within a minute. He saw two men come from behind a bush and one had an \u201cawkward gait\u201d and a bulge in the side of his pants strongly suggesting a gun. Reasonable suspicion for a patdown existed. United States v. Torres, 2015 U.S. Dist. LEXIS 10735 (N.D. Iowa January 30, 2015).*<\/p>\n<p>Officers were attempting to locate defendant on an old warrant and a current gun investigation. They had his cell phone pinged by court order to find him. He contests his post arrest statement as the product of an illegal arrest. Even assuming it was unlawful to find him that way, his Mirandizing and the officers\u2019 good faith in relying on the court ordered tracking was attenuation. United States v. Carmenatty, 2015 U.S. Dist. LEXIS 10248 (D.Mass. January 28, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Ignoring a Border Patrol officer near the border is a factor in reasonable suspicion of alien smuggling. United States v. Juarez-Olmedo, 2015 U.S. Dist. LEXIS 12167 (S.D.Tex. February 3, 2015). The officer was responding to a shots fired call at &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=15731\">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":[75,10,35],"tags":[],"class_list":["post-15731","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-border-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15731","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=15731"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15731\/revisions"}],"predecessor-version":[{"id":15732,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15731\/revisions\/15732"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15731"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15731"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15731"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}