{"id":2066,"date":"2008-07-21T15:11:29","date_gmt":"2008-05-10T08:52:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-05-11T08:52:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2066","title":{"rendered":"Pulling up next to defendant’s parked vehicle and asking for ID was an unreasonable stop"},"content":{"rendered":"

An officer pulled up next to the defendant’s vehicle parked in a convenience store parking lot. No lights were turned on, and the vehicle was not blocked in. The officer ran the vehicle and approached the defendant and asked for his driver’s license and asked for consent. After the defendant admitted possessing drug paraphernalia, the officer Mirandized the defendant. The stop was unlawful and the Miranda warning did not purge the taint. State v. La France<\/a>, 219 Ore. App. 548, 184 P.3d 1169 (2008).*<\/p>\n

An anonymous caller told police that known drug dealers, defendant and two others, were making methamphetamine in defendant’s residence. Subsequently, two police officers stopped defendant and another suspect as they were leaving the residence. The officers obtained defendant’s consent to search her residence, and drugs and other contraband were found. The sheriff’s prior knowledge and his observations of defendant and the other suspect adequately corroborated the anonymous tip. Thus, the officers had the requisite reasonable suspicion that defendant and the other suspect were engaging in criminal activity. The sheriff was aware of the prior criminal activity of the individuals identified in the tip and believed that defendant and the other individual were trying to get away when the officers approached the residence. Commonwealth v. Morgan<\/a>, 248 S.W.3d 538 (Ky. 2008), released for publication April 28, 2008) (2005-SC-000702-DG).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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