{"id":18876,"date":"2015-09-19T04:35:03","date_gmt":"2015-09-19T09:35:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18876"},"modified":"2015-09-19T04:35:03","modified_gmt":"2015-09-19T09:35:03","slug":"d-p-r-6-8-hour-old-information-a-fugitive-was-in-a-house-was-too-old-to-be-relied-upon-for-entry-into-home-no-exigency","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=18876","title":{"rendered":"D.P.R.: 6-8 hour old information a fugitive was in a house was too old to be relied upon for entry into home; no exigency"},"content":{"rendered":"<p>\u201c[T]he officers&#8217; belief that the fugitive was hiding in a home in Trinidad&#8217;s neighborhood consists of &#8212; to our knowledge &#8212; an imprecise, uncorroborated tip from a confidential informant whose reliability this court ignores. In fact, officer Negron readily admitted that he did not see the fugitive actually enter Trinidad&#8217;s home, but only crossing the street towards it. In this context, we find that the officers could not have formed a reasonable belief that Ramon Ortiz was inside Trinidad&#8217;s home some six to eight hours after Negron claims he saw the fugitive in that vicinity.\u201d Thus, what was seen and seized inside is suppressed. United States v. Trinidad-Rivera, 2015 U.S. Dist. LEXIS 123234 (D.P.R. September 14, 2015).<\/p>\n<p>The trial court erred in granting defendant\u2019s motion to suppress. He was a passenger in a car stopped by a PIT maneuver and ended up struggling with officers attempting to catch him. The officer\u2019s efforts were constitutionally valid. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=b582994d-f43a-4ac9-98e2-68c039cee69e\">State v. Quarterman<\/a>, 2015 Ga. App. LEXIS 537 (September 15, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201c[T]he officers&#8217; belief that the fugitive was hiding in a home in Trinidad&#8217;s neighborhood consists of &#8212; to our knowledge &#8212; an imprecise, uncorroborated tip from a confidential informant whose reliability this court ignores. In fact, officer Negron readily admitted &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=18876\">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":[50,3],"tags":[],"class_list":["post-18876","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-emergency-exigency"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18876","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=18876"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18876\/revisions"}],"predecessor-version":[{"id":18877,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18876\/revisions\/18877"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18876"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18876"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18876"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}