{"id":22225,"date":"2016-05-20T06:42:27","date_gmt":"2016-05-20T11:42:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22225"},"modified":"2016-05-20T06:42:27","modified_gmt":"2016-05-20T11:42:27","slug":"nc-lack-of-findings-on-justification-for-stop-required-remanded","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=22225","title":{"rendered":"NC: Lack of findings on justification for stop required; remanded"},"content":{"rendered":"<p>The basis of the stop was no valid tags, but that was wrong. Yet the trial court found the stop \u201cjustified.\u201d \u201cThis conclusion consists of a statement of law, followed by the conclusion that Detective O&#8217;Hal was \u2018justified\u2019 in initiating the stop. This conclusion does not specifically state that the stop was justified based upon any specific violation of a traffic law.\u201d Remanded. [Why not just reversed ordering suppression? This isn&#8217;t even an objectively reasonable mistake of fact.] <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&#038;pdf=34076\">State v. Baskins<\/a>, 2016 N.C. App. LEXIS 570 (May 17, 2016).<\/p>\n<p>Officers had reasonable suspicion for defendant\u2019s detention which ripened into probable cause. United States v. Hardeman, 2016 U.S. Dist. LEXIS 61065 (N.D.Ga. March 11, 2016),* adopted 2016 U.S. Dist. LEXIS 61052 (N.D. Ga., May 9, 2016).*<\/p>\n<p>The length of defendant\u2019s stop was reasonable based on all the officer\u2019s observations which rose to reasonable suspicion: defendant was going to Atlanta to tow a car but he didn\u2019t know where he was going, he had a tow bar but no place to hook it up, the car had signs of recent tampering of removing parts. United States v. Lozano, 2016 U.S. Dist. LEXIS 62811 (S.D.Ala. May 12, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The basis of the stop was no valid tags, but that was wrong. Yet the trial court found the stop \u201cjustified.\u201d \u201cThis conclusion consists of a statement of law, followed by the conclusion that Detective O&#8217;Hal was \u2018justified\u2019 in initiating &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=22225\">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":[35],"tags":[],"class_list":["post-22225","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22225","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=22225"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22225\/revisions"}],"predecessor-version":[{"id":22226,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22225\/revisions\/22226"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22225"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}