{"id":25969,"date":"2017-02-25T10:35:46","date_gmt":"2017-02-25T15:35:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25969"},"modified":"2017-02-25T10:35:46","modified_gmt":"2017-02-25T15:35:46","slug":"s-d-tex-dashcam-video-doesnt-support-the-conclusory-basis-for-stop-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25969","title":{"rendered":"S.D.Tex.: Dashcam video doesn&#8217;t support the conclusory basis for stop; suppressed"},"content":{"rendered":"<p>\u201cThe dash-cam video shows that Bourn was travelling at highway speed and there was moderate traffic on the highway. There is no evidence regarding the speed of the truck or other vehicles or the distance between Bourn&#8217;s vehicle and the truck. DeLeon only testified that he would not have stopped Bourn unless she was at an unsafe distance. He admits to not considering factors such as speed or traffic conditions. Thus, DeLeon&#8217;s testimony is conclusory and does not establish specific, articulable facts to warrant the traffic stop.\u201d Motion to suppress granted. United States v. Bourn, 2017 U.S. Dist. LEXIS 24388 (S.D. Tex. Feb. 22, 2017).<\/p>\n<p>Defense counsel wasn\u2019t ineffective for not challenging time in the child pornography search warrant application where it was apparent it was relatively recent and time doesn\u2019t matter in child pornography search warrants. United States v. Gumbs, 2017 U.S. Dist. LEXIS 23382 (D.V.I. Feb. 18, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe dash-cam video shows that Bourn was travelling at highway speed and there was moderate traffic on the highway. There is no evidence regarding the speed of the truck or other vehicles or the distance between Bourn&#8217;s vehicle and the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=25969\">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-25969","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25969","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=25969"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25969\/revisions"}],"predecessor-version":[{"id":25970,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25969\/revisions\/25970"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25969"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25969"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25969"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}