{"id":23036,"date":"2016-07-24T14:08:23","date_gmt":"2016-07-24T19:08:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23036"},"modified":"2016-09-17T14:42:11","modified_gmt":"2016-09-17T19:42:11","slug":"nm-two-stops-of-def-in-quick-succession-second-valid-because-of-new-facts","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23036","title":{"rendered":"NM: Two stops of def in quick succession; second valid because of new facts"},"content":{"rendered":"<p>Two stops of defendant towing a van a couple of minutes apart were separately justified. The second stop was based on the owner of the van saying that defendant took it from him, but that was only to a second officer on the scene, not the one who stopped defendant. After defendant pulled away, the second stop occurred, and it was based on new facts. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/nmca\/slips\/CA33,639.pdf\">State v. Monafo<\/a>, 2016 N.M. App. LEXIS 50 (July 5, 2016), <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/nmca\/slips\/CA33,639.pdf\">different result on rehearing<\/a> 2016 N.M. App. LEXIS 75 (July 28, 2016) and <a href=\"ourthamendment.com\/?p=23749\">reposted Sept. 17, 2016<\/a> with new issue.<\/p>\n<p>Defendant was on probation and he visited his cousin on probation. His cousin\u2019s PO showed up and was going to conduct a probation search of the premises. Defendant was told he wasn\u2019t under arrest and that he was being handcuffed only for officer safety and he\u2019d be shortly released. Defendant\u2019s admissions were noncustodial. <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&#038;pdf=34058\">State v. Barnes<\/a>, 2016 N.C. App. LEXIS 771 (July 19, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Two stops of defendant towing a van a couple of minutes apart were separately justified. The second stop was based on the owner of the van saying that defendant took it from him, but that was only to a second &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=23036\">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":[58,35],"tags":[],"class_list":["post-23036","post","type-post","status-publish","format-standard","hentry","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23036","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=23036"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23036\/revisions"}],"predecessor-version":[{"id":23751,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23036\/revisions\/23751"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23036"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23036"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23036"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}