{"id":2844,"date":"2009-03-09T07:49:20","date_gmt":"2009-01-06T10:07:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-01-06T10:07:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2844","title":{"rendered":"PA: Suspected parole violator did not show REP in place searched looking for him<\/em> as an absconder"},"content":{"rendered":"

The parole search here was justified by reasonable suspicion under Samson<\/a> (if necessary). Defendant was a regular absconder. He also failed to put on any proof of a reasonable expectation of privacy in the premises where he was found. Evidence found resulted in a new case. Commonwealth v. Hunter<\/a>, 2008 PA Super 294, 963 A.2d 545 (2008).*<\/p>\n

Officers had reasonable suspicion to stop defendants for matching description of suspects shortly after crime report. Commonwealth v. Acevedo<\/a>, 73 Mass. App. Ct. 453, 898 N.E.2d 864 (2009)*:<\/p>\n

In the case at bar, the judge found that the specific facts on which the detectives based the stop of the defendant were the broadcast received by the detectives, the proximity of the suspects to the scene of the crime, the minor lapse of time (three minutes) between the report of the crime and Lyons’s observation of the suspects, and the fact that one of the two suspects was wearing white Converse sneakers. In addition, and of great significance, was the fact that here, unlike the situation in Cheek, the judge found that the suspects were the only persons seen by the detectives “who generally fit the description given via the radio dispatch.” Viewing the circumstances as a whole, we agree with the motion judge that the stop was proper and the evidence secured therefrom admissible.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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