{"id":18090,"date":"2015-07-18T06:50:53","date_gmt":"2015-07-18T11:50:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18090"},"modified":"2015-07-18T06:50:53","modified_gmt":"2015-07-18T11:50:53","slug":"ca10-stop-for-riding-a-bicycle-without-light-unreasonably-extended-search-of-backpack-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=18090","title":{"rendered":"CA10: Stop for riding a bicycle without light unreasonably extended; search of backpack suppressed"},"content":{"rendered":"<p>Defendant was stopped for riding an unlighted bicycle across the street at night in the middle of the block. Once stopped, the officer questioned him about his backpack and secured an admission he was armed. The questioning was unreasonable and extended the stop. There was no reasonable suspicion that he was armed or had drugs and the officer didn\u2019t pursue the traffic offense. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/13\/13-4151.pdf\">United States v. Archuleta<\/a>, 2015 U.S. App. LEXIS 12274 (10th Cir. July 16, 2015).<\/p>\n<p>Officers patrolling a high crime area made a traffic stop, and defendant\u2019s furtive movements coupled with an apparent gun visible in plain view justified a search. United States v. Bess, 2015 U.S. Dist. LEXIS 91909 (E.D.Mo. June 11, 2015).*<\/p>\n<p>Defendant\u2019s statement is suppressed. His son was ill and hospitalized, and they were questioning him in an interrogation room with his phone laying in front of him constantly going off because of family members trying to reach him. They played him on the condition of his son and he\u2019d get teary-eyed talking about him. It was clear that the only way he was going to get to leave was to answer questions. United States v. Ramirez, 2015 U.S. Dist. LEXIS 92250 (D.N.J. July 15, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for riding an unlighted bicycle across the street at night in the middle of the block. Once stopped, the officer questioned him about his backpack and secured an admission he was armed. The questioning was unreasonable and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=18090\">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":[35],"tags":[],"class_list":["post-18090","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18090","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=18090"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18090\/revisions"}],"predecessor-version":[{"id":18091,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18090\/revisions\/18091"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18090"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18090"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18090"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}