{"id":2292,"date":"2008-12-24T08:45:47","date_gmt":"2008-07-25T07:13:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-25T07:13:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2292","title":{"rendered":"CA9: Defendant was not detained when he refused to stop for officer; defendant&#8217;s threat to &#8220;kick your fuckin ass&#8221; led to real stop"},"content":{"rendered":"<p>The basis for defendant&#8217;s traffic stop was unlikely, so the stop probably was unlawful, but defendant did not stop; he drove to his house and got out of the car. The officer stopped and followed. The defendant turned and said &#8220;I&#8217;m gonna kick your fuckin ass.&#8221; At that point, defendant could be lawfully arrested for threatening the officer, and the stop was valid. <a href=\"http:\/\/www.ca9.uscourts.gov\/ca9\/newopinions.nsf\/0557AF9157DE12ED8825748D0068C424\/$file\/0650546.pdf?openelement\">United States v. Caseres<\/a>, 533 F.3d 1064 (9th Cir. 2008).<\/p>\n<p>And, in South Carolina, a defendant who fled on foot from officers could not be convicted of resisting arrest when he had not been arrested. <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/displayOpinion.cfm?caseNo=4428\">State v. Brannon<\/a>, 379 S.C. 487, 666 S.E.2d 272 (2008).*<\/p>\n<p>Defendant knew from testimony at a hearing that the pockets of clothes were searched, but he waited until the eve of trial to raise that as a suppression issue, and it was thus not timely. United States v. Oliver, 2008 U.S. Dist. LEXIS 55527 (N.D. Tex. July 22, 2008).*<\/p>\n<p>Traffic stop led to officer smelling marijuana from defendant&#8217;s car, and that was probable cause. United States v. Burtton, 2008 U.S. Dist. LEXIS 55497 (D. Neb. July 9, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2292\">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-2292","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2292","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=2292"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2292\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2292"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}