{"id":3139,"date":"2009-07-29T06:52:42","date_gmt":"2009-05-17T09:39:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-05-17T09:39:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3139","title":{"rendered":"MA: Frisk can continue past finding a weapon"},"content":{"rendered":"

Search incident was proper, and a box cutter was found. The officer was not required to stop the search incident just on finding the box cutter and other hard objects. Commonwealth v. Dessources<\/a>, 74 Mass. App. Ct. 232 (May 8, 2009).*<\/p>\n

Officer’s conclusion that defendant was the man wanted in a robbery call was unreasonable. The man wanted was described as white and the defendant was a light skinned Hispanic. There were no facts otherwise that linked the defendant to a possible robbery or that he was armed. The stop and frisk was not justified, and the trial court’s suppression order was properly granted. Commonwealth v. Martinez<\/a>, 74 Mass. App. Ct. 240 (May 11, 2009).*<\/p>\n

Telling the defendant to get out of his van was a seizure because he could not have believed he could refuse. It was reasonable, however, because the officer believed the defendant was under the influence. Defendant consented to search of van. State v. Murray<\/a>, 2009 Ohio 2130, 2009 Ohio App. LEXIS 1828 (8th Dist. May 7, 2009).*<\/p>\n

Inventory search of defendant’s vehicle was proper, and his urging application of a statute that might require a 24 hour wait was rejected. Commonwealth v. Burton<\/a>, 2009 PA Super 87, 973 A.2d 428 (2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-3139","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3139","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=3139"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3139\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3139"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3139"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3139"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}