{"id":1993,"date":"2009-01-01T10:40:06","date_gmt":"2008-04-17T07:33:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-17T07:33:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1993","title":{"rendered":"Utah probation searches are constitutional"},"content":{"rendered":"<p>Utah probation search was based on reasonable suspicion and was constitutional.  <a href=\"http:\/\/ca10.washburnlaw.edu\/cases\/2008\/04\/06-4276.pdf\">United States v. Stewart<\/a>, 273 Fed. Appx. 768 (10th Cir. 2008) (unpublished).*<\/p>\n<p>Unusual travel plans, while not completely implausible, were implausible enough for reasonable suspicion. United States v. Gonzalez, 290 Fed. Appx. 80 (10th Cir. 2008) (unpublished).*<\/p>\n<p>Asking a motorist if the officer can ask more questions before the driver leaves is not unconstitutional. &#8220;Here, it is clear that Kirkland was informed that he was free to leave and then voluntarily consented to further questioning. As noted above, Rogers asked, &#8216;Mr. Kirkland, before you go, do you mind if I ask you a couple questions?&#8217; to which Kirkland replied, &#8216;Go ahead.&#8217; Review of the DVD clearly shows that Kirkland was cooperative and did not object to further conversation.&#8221; United States v. Kirkland, 2008 U.S. Dist. LEXIS 30670 (S.D. Ill. April 15, 2008).*<\/p>\n<p>Even if defendant&#8217;s search and the seizure of some guns was illegal, he wasn&#8217;t prejudiced by it because plenty of other guns that were lawfully seized came in anyway. Montgomery v. United States, 557 F. Supp. 2d 1337 (M.D. Fla. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1993\">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-1993","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1993","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=1993"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1993\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1993"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1993"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1993"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}