{"id":2957,"date":"2010-12-28T18:26:02","date_gmt":"2009-02-21T10:39:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-21T10:39:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2957","title":{"rendered":"IL: Stop was without basis; a reasonable person would not consider himself free to leave watching officers search his car"},"content":{"rendered":"<p>Defendant&#8217;s call for police assistance at his house and then inviting them in was not a Fourth Amendment issue. United States v. Jackson, 2009 U.S. Dist. LEXIS 11764 (N.D. W.Va. February 9, 2009).*<\/p>\n<p>Defendant&#8217;s stop was unjustified. They had no arrest or search warrant and did not observe defendant commit an offense. No specific facts provided reasonable suspicion that defendant was engaged in criminal activity. Because the out-of-state defendant and his car were illegally seized and he was Mirandized, frisked, seated in a police car, and dispossessed of his car for over 40-50 minutes, he was under arrest. A reasonable person from out-of-state without a car would not have considered himself free to leave with two officers interrogating him and two officers searching his car. The motion to suppress was properly granted. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2009\/1stDistrict\/February\/1070148.pdf\">People v. Vasquez<\/a>, 2009 Ill. App. LEXIS 54 (February 11, 2009).*<\/p>\n<p>Oregon school search was without PC and, therefore, invalid. The CI was a student who was prone to lie to deflect &#8220;heat&#8221; from himself and just lacked credibility on his own. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A132290.htm\">State ex rel Juv. Dept. v. M. A. D.<\/a>, 226 Ore. App. 21, 202 P.3d 249 (2009),* revd <a href=\"http:\/\/www.publications.ojd.state.or.us\/S057403.htm\">State ex rel Juv. Dept. v. M. A. D.<\/a>, 348 Ore. 381, 233 P.3d 437 (2010) (posted June 13, 2010).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=2957\">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-2957","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2957","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=2957"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2957\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2957"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2957"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2957"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}