{"id":19327,"date":"2015-10-25T00:38:51","date_gmt":"2015-10-25T05:38:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19327"},"modified":"2015-10-24T08:41:24","modified_gmt":"2015-10-24T13:41:24","slug":"wy-reaching-in-pocket-of-detained-motorist-having-seizure-was-reasonable-under-community-caretaking-function","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19327","title":{"rendered":"WY: Reaching in pocket of detained motorist having seizure was reasonable under community caretaking function"},"content":{"rendered":"<p>Defendant was stopped for a traffic offense and had a seizure. The officer reached into his pocket to look for medication and discovered marijuana. The search was valid under the community caretaking function. <a href=\"http:\/\/www.courts.state.wy.us\/Documents\/Opinions\/2015WY137.pdf\">Allgier v. State<\/a>, 2015 WY 137, 2015 Wyo. LEXIS 154 (Oct. 23, 2015).<\/p>\n<p>Police had reason to believe that two drug dealers who were brothers acquired a machine gun stolen in a burglary about four weeks earlier for heroin. The police had probable cause to search their house for drugs. The affidavit included [a seemingly obligatory] weapons clause because guns are often found with drugs. On the whole, the affidavit showed PC for the search. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2015\/2015-Ohio-4370.pdf\">State v. Clayton<\/a>, 2015-Ohio-4370, 2015 Ohio App. LEXIS 4253 (8th Dist. Oct. 22, 2015).<\/p>\n<p>The officer was passing defendant who looked startled and pulled over and stopped immediately. The officer stopped to inquire. Reasonable suspicion developed and that justified prolonging the detention. <a href=\"https:\/\/acis.alabama.gov\/displaydocs.cfm?no=692993&#038;event=4H50U1JD7\">State v. Knox<\/a>, 2015 Ala. Crim. App. LEXIS 83 (Oct. 23, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for a traffic offense and had a seizure. The officer reached into his pocket to look for medication and discovered marijuana. The search was valid under the community caretaking function. Allgier v. State, 2015 WY 137, 2015 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19327\">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":[74,20,35],"tags":[],"class_list":["post-19327","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19327","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=19327"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19327\/revisions"}],"predecessor-version":[{"id":19328,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19327\/revisions\/19328"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19327"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19327"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19327"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}