{"id":2025,"date":"2008-06-21T13:25:17","date_gmt":"2008-04-26T08:55:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-27T09:08:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2025","title":{"rendered":"Handcuffing defendant removed threat he could reach an [unlikely] weapon in a container in pocket"},"content":{"rendered":"<p>Once defendant was handcuffed, a more intensive search of his pockets to search a tupperware container for a purported weapon was unjustified. The defendant was stopped in the vicinity of a burglar alarm call, but he had nothing in his hands or about him that would indicate that he was involved in the burglary. Questioning led to a handcuffing, and then the intrusive search for a possible weapon. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A129931.htm\">State v. Rudder<\/a>, 219 Ore. App. 430, 183 P.3d 212 (2008).<\/p>\n<p>Asking for consent while holding defendant&#8217;s identification on a stop because he might have been frequenting a drug house was unreasonable. State conceded error. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A133005.htm\">State v. Bales<\/a>, 219 Ore. App. 487 (2008).*<\/p>\n<p>Defendant was accused of e-mailing death threats to administrators at an Upstate New York college he was fired from for making threats. The FBI sought a search warrant for his computer in Indianapolis. They obtained his address both from the unemployment office as where they were sending unemployment checks and from a public records search on LexisNexis that produced the same address. That was a sufficient basis to conclude that was where he would be found. United States v. Li, 2008 U.S. Dist. LEXIS 33792 (N.D. N.Y. March 19, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2025\">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-2025","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2025","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=2025"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2025\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2025"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2025"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2025"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}