{"id":32581,"date":"2018-04-09T00:00:49","date_gmt":"2018-04-09T05:00:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32581"},"modified":"2018-04-08T08:52:14","modified_gmt":"2018-04-08T13:52:14","slug":"il-defs-actions-after-stop-to-inquire-rose-to-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=32581","title":{"rendered":"IL: Def&#8217;s actions after stop to inquire rose to RS"},"content":{"rendered":"<p>Police encountered defendant and others in a car in a neighborhood where it didn\u2019t seem to belong. The officers pulled up next to their car and talked. Based on furtive movements, the officer believed that defendant had a gun he was moving his arm to cover. He also slouched down to where his head was all that was visible. The officer ordered them out of the car, and then the officer heard a gun fall. The stop was not unreasonable and based on reasonable suspicion that criminal activity was afoot. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2018\/1stDistrict\/1150605.pdf\">People v. Gomez<\/a>, 2018 IL App (1st) 150605, 2018 Ill. App. LEXIS 199 (Apr. 3, 2018).*<\/p>\n<p>The government contends defendant fled from the car he was driving when it was stopped and he tossed the keys. So, defendant: show your standing, and file a brief. United States v. Youmans, 2018 U.S. Dist. LEXIS 58350 (S.D. Ga. Apr. 5, 2018).*<\/p>\n<p>The court finds that defendant gave the password to defendant\u2019s cell phone after a proffer session for the purpose of giving it to government. Therefore, defense counsel wasn\u2019t ineffective. United States v. Daniells, 2018 U.S. Dist. LEXIS 57925 (D. Mass. Apr. 5, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police encountered defendant and others in a car in a neighborhood where it didn\u2019t seem to belong. The officers pulled up next to their car and talked. Based on furtive movements, the officer believed that defendant had a gun he &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=32581\">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":[23,35,34],"tags":[],"class_list":["post-32581","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32581","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=32581"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32581\/revisions"}],"predecessor-version":[{"id":32582,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32581\/revisions\/32582"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32581"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32581"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}