{"id":20913,"date":"2016-02-22T00:01:51","date_gmt":"2016-02-22T05:01:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20913"},"modified":"2016-02-22T09:45:05","modified_gmt":"2016-02-22T14:45:05","slug":"la4-custodial-arrest-for-pedestrian-offense-was-unreasonable-and-violation-of-statute","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=20913","title":{"rendered":"LA4: Custodial arrest for pedestrian offense was unreasonable and violation of statute"},"content":{"rendered":"<p>The state\u2019s petition for a supervisory writ is denied. Defendant was stopped for a pedestrian offense, and arresting him was unreasonable and a violation of statute. He should have been cited, and the trial court\u2019s suppression order was correct. <a href=\"http:\/\/www.la4th.org\/CaseDetails.aspx?queryString?2011?1317\">State v. Green<\/a>, 2011 La. App. LEXIS 1807 (La.App. 4 Cir. Oct. 13, 2011). (Why did this take 4\u00bd years to get on Lexis? This link is not the opinion.)<\/p>\n<p>The trial court erroneously dismissed all of plaintiff\u2019s civil case finding qualified immunity for plaintiff\u2019s arrest. It recognized that there still was a claim for an unjustified investigative stop. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20160210\/15-0179.pdf\">Samsara v. Squires<\/a>, 2016 Iowa App. LEXIS 95 (Feb. 10, 2016).*<\/p>\n<p>There was an objective basis for defendant\u2019s traffic stop for not signaling at an intersection, so the subjective basis of wanting to interview the defendant about being a witness to another crime isn\u2019t relevant. United States v. Yager, 2016 U.S. Dist. LEXIS 17002 (E.D.Wis. Feb. 11, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state\u2019s petition for a supervisory writ is denied. Defendant was stopped for a pedestrian offense, and arresting him was unreasonable and a violation of statute. He should have been cited, and the trial court\u2019s suppression order was correct. State &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=20913\">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":[50,40,35],"tags":[],"class_list":["post-20913","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20913","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=20913"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20913\/revisions"}],"predecessor-version":[{"id":20925,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20913\/revisions\/20925"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20913"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20913"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20913"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}