{"id":30927,"date":"2017-12-26T00:00:28","date_gmt":"2017-12-26T05:00:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30927"},"modified":"2017-12-25T12:15:31","modified_gmt":"2017-12-25T17:15:31","slug":"or-when-the-state-argues-a-stop-was-continued-with-rs-it-has-the-burden-of-proof-and-here-it-failed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30927","title":{"rendered":"OR: When the state argues a stop was continued with RS, it has the burden of proof and here it failed"},"content":{"rendered":"<p>Defendant was stopped on a bicycle for a headlight violation of what was likely a mixed motive stop because he was carrying a pillow case and that suggested residential burglary. The stop was conceded to be valid, but the continuation was not, and that put the burden on the state to show reasonable suspicion to continue it, and it didn\u2019t satisfy its burden. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A159279.pdf\">State v. Blackstone<\/a>, 289 Ore. App. 421, 2017 Ore. App. LEXIS 1583 (Dec. 20, 2017).<\/p>\n<p>A federal defendant cannot appeal denial of his motion to suppress before judgment. United States v. Gillispie, 2017 U.S. App. LEXIS 26323 (6th Cir. Dec. 21, 2017) (order).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped on a bicycle for a headlight violation of what was likely a mixed motive stop because he was carrying a pillow case and that suggested residential burglary. The stop was conceded to be valid, but the continuation &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=30927\">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":[66],"tags":[],"class_list":["post-30927","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30927","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=30927"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30927\/revisions"}],"predecessor-version":[{"id":30928,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30927\/revisions\/30928"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30927"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30927"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30927"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}