{"id":30624,"date":"2017-12-11T00:00:18","date_gmt":"2017-12-11T05:00:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30624"},"modified":"2017-12-09T13:51:07","modified_gmt":"2017-12-09T18:51:07","slug":"in-second-patdown-had-its-own-rs-def-was-still-armed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30624","title":{"rendered":"IN: Second patdown had its own RS def was still armed"},"content":{"rendered":"<p>Defendant was hostile and aggressive toward officers, and a second patdown was conducted after he was handcuffed finding a gun. His actions continued and heightened concern that he had a weapon on him. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/12081701jgb.pdf\">J.R. v. State<\/a>, 2017 Ind. App. LEXIS 799 (Dec. 8, 2017).<\/p>\n<p>Officers had reasonable suspicion to detain defendant, and whether his obstruction was sufficient to charge him is a question for trial. The motion to dismiss should not have been granted. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2017\/2017-Ohio-8906.pdf\">State v. Gaines<\/a>, 2017-Ohio-8906, 2017 Ohio App. LEXIS 5327 (2d Dist. Dec. 8, 2017).*<\/p>\n<p>Defendant was convicted of robbery, and one of the things taken was an iPhone that was tracked by \u201cfind my iPhone\u201d to capture defendant and his co-conspirators. Despite DNA and lack of an ID from the victim, the possession of the phone and other of the victim\u2019s propertly shortly thereafter was sufficient evidence to convict. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2017\/2017-Ohio-8869.pdf\">State v. Bybee<\/a>, 2017-Ohio-8869, 2017 Ohio App. LEXIS 5299 (8th Dist. Dec. 7, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was hostile and aggressive toward officers, and a second patdown was conducted after he was handcuffed finding a gun. His actions continued and heightened concern that he had a weapon on him. J.R. v. State, 2017 Ind. App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=30624\">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":[35,4],"tags":[],"class_list":["post-30624","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30624","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=30624"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30624\/revisions"}],"predecessor-version":[{"id":30625,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30624\/revisions\/30625"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30624"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}