{"id":20135,"date":"2015-12-27T00:57:55","date_gmt":"2015-12-27T05:57:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20135"},"modified":"2015-12-25T13:01:12","modified_gmt":"2015-12-25T18:01:12","slug":"ny4-pulling-defs-underwear-out-on-the-street-was-without-reasonable-suspicion","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20135","title":{"rendered":"NY4: Pulling def&#8217;s underwear out on the street was without reasonable suspicion"},"content":{"rendered":"<p>Forty-three months after his drug conviction, the officer\u2019s search on the street of defendant\u2019s genitals by pulling out his underwear and looking in was not based on reasonable suspicion he was armed. Search suppressed and case dismissed. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2015\/2015_09517.htm\">People v. Smith<\/a>, 2015 NY Slip Op 09517, 2015 N.Y. App. Div. LEXIS 9555 (4th Dept. Dec. 23, 2015). [The first episode of <a href=\"http:\/\/www.imdb.com\/title\/tt0286486\/?ref_=nv_sr_1\">&#8220;The Shield&#8221;<\/a> had a search like that in the first five minutes.]<\/p>\n<p>Defendant\u2019s stop leaving a drug house in the middle of the night was with reasonable suspicion. When stopped, defendant was handcuffed, patted down, and moved to a patrol car. When the officer was done, he unhandcuffed defendant and said he was free to leave. Defendant didn\u2019t move at first, and finally a baggie of cocaine was found where he was standing. The stop was reasonable, as was that seizure. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20151223\/14-1724.pdf\">State v. English<\/a>, 2015 Iowa App. LEXIS 1212 (Dec. 23, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Forty-three months after his drug conviction, the officer\u2019s search on the street of defendant\u2019s genitals by pulling out his underwear and looking in was not based on reasonable suspicion he was armed. Search suppressed and case dismissed. People v. Smith, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=20135\">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":[71,35,41],"tags":[],"class_list":["post-20135","post","type-post","status-publish","format-standard","hentry","category-body-searches","category-reasonable-suspicion","category-strip-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20135","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=20135"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20135\/revisions"}],"predecessor-version":[{"id":20136,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20135\/revisions\/20136"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20135"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20135"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20135"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}