{"id":3177,"date":"2009-12-23T16:48:59","date_gmt":"2009-06-08T07:11:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-06-08T07:11:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3177","title":{"rendered":"WA: Plain touch did not justify a search after the officer had to continue manipulating the contents of the pocket during the patdown to determine what it was"},"content":{"rendered":"

Plain touch did not justify the search of defendant’s pocket. The officer felt something during a lawful patdown and had to continue squeezing it, past determining that it was not a weapon, to get a full sense of what it was. This was unreasonable. Court of appeals reversed. State v. Garvin<\/a>, 166 Wn.2d 242, 207 P.3d 1266 (2009).<\/p>\n

Running wants or warrants on person stopped did not unduly prolong the stop, and there was no privacy interest in information in public records. The passenger was free to decline the officer’s request to see the ID as opposed to an official request which would have come next. [How can anybody refuse an ID request? Not that this necessarily mattered.] People v. Galarza<\/a>, 391 Ill. App. 3d 805, 910 N.E.2d 1160, 331 Ill. Dec. 404 (2009):<\/p>\n

Moreover, as in Harris, validating the information on defendant’s identification card with Collins’ dispatcher did not infringe on any privacy interest, because, absent facts to the contrary, any information contained in the police department’s computer system concerned matters of public record. Finally, as in Harris, an innocent passenger in defendant’s position would have felt free to decline to give Collins his identification. A request for identification is facially innocuous and does not allude to any official interrogation or increase the confrontational nature of the encounter with the police. Harris, 228 Ill. 2d at 248. As noted in Harris, we would be presented with quite a different situation if defendant had refused to give his identification to Collins and the officer had insisted that defendant comply. Harris, 228 Ill. 2d at 249.<\/p><\/blockquote>\n

Defendant parolee was at his girlfriend’s house when he was searched by the PO. He has no greater rights in his girlfriend’s house than he had in his own. United States v. Venson, 2009 U.S. Dist. LEXIS 46555 (W.D. Pa. June 3, 2009).*<\/p>\n

Driving below the minimum speed was cause for a stop, even though the vehicle sped up after the defendant saw the officer. United States v. Alamilla-Hernandez, 2009 U.S. Dist. LEXIS 46836 (D. Neb. May 20, 2009).*<\/p>\n

“[D]efendant lacked standing to challenge the search of the livery cab in which he was a passenger.” People v. Joseph<\/a>, 2009 NY Slip Op 4287, 63 A.D.3d 420 (1st Dept. 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-3177","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3177","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=3177"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3177\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3177"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}