{"id":3022,"date":"2010-06-06T13:01:47","date_gmt":"2009-03-24T05:35:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-24T05:35:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3022","title":{"rendered":"GA: Stop of vehicle officers were looking for that was moving suspiciously and had wrong tag was valid and continued with RS"},"content":{"rendered":"

Officers were on the lookout for a car like defendants’, and he was seen driving in a suspicious manner, potentially the vehicle version of Terry’s walking around the jewelry store. It turned out the vehicle had the tag to another vehicle on it. The stop and continued stop, including two consent searches (the first producing nothing), were valid. Aponte v. State<\/a>, 296 Ga. App. 778, 676 S.E.2d 279 (2009):<\/p>\n

Given the officer’s knowledge that he was to be on the lookout for a car similar in description to the car Aponte was driving and his observations of Aponte’s suspicious driving before the stop, we find that the officer had such a particularized and objective basis for suspecting Aponte of criminal activity. Accordingly, the stop was authorized notwithstanding the officer only learned of the information about the tag after he stopped Aponte.<\/p>\n

. . .<\/p>\n

We must first note that this was not the typical traffic stop in which a motorist was pulled over for violating, or being suspected of violating, some rule of the road. Instead, we have found that this was a Terry<\/a> stop of a motorist whose car resembled one the police were looking for, and who was driving suspiciously. Therefore, the purpose of this stop was not only to resolve a traffic violation. Even if it had been for that purpose, an officer may continue to detain a driver for questioning unrelated to the initial stop if he has an objectively reasonable and articulable suspicion that illegal activity has occurred or is occurring.<\/p><\/blockquote>\n

Officers responded to a shots fired call that described the shooter’s clothing and hat. When officers arrived at the scene, they saw a man matching the description, who moved in such a way that the outline of a gun could be seen through the shirt. That was reasonable suspicion. A courtroom demonstration of the shirt by the defendant only confirmed to the court that the gun could be seen. United States v. Nelson, 2009 U.S. Dist. LEXIS 22541 (D. Mass. March 6, 2009).*<\/p>\n

The Alabama Court of Criminal Appeals affirmed by memorandum four word opinion C.R.F. v. State<\/a>, 31 So. 3d 728 (Ala. Crim. App. 2009), that produced a dissent that the information used to get a search warrant after his ex-wife was under hypnosis, and the allegations involved photographing their minor daughter in 1986. This produced a dissent, which is all that is on Lexis, that the search warrant was stale.<\/p>\n","protected":false},"excerpt":{"rendered":"

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