{"id":32888,"date":"2018-05-02T06:24:01","date_gmt":"2018-05-02T11:24:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32888"},"modified":"2018-05-02T06:24:17","modified_gmt":"2018-05-02T11:24:17","slug":"m-d-tenn-while-defs-search-under-all-persons-clause-of-sw-was-unreasonable-he-was-still-subject-to-terry-detenion","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=32888","title":{"rendered":"M.D.Tenn.: While def&#8217;s search under &#8220;all persons&#8221; clause of SW was unreasonable, he was still subject to <em>Terry<\/em> detenion"},"content":{"rendered":"<p>A search of defendant under an \u201call persons\u201d clause in a warrant was unreasonable. Still, however, the officers had reasonable suspicion to detain him. His admission then was that he had a gun, and that led to a frisk. \u201cGiving \u2018great deference\u2019 to the General Sessions Judge&#8217;s determination that there are particular facts to find that probable cause existed. The search warrant here does not conform to the constitutional standards to uphold the detention and search of Utley based on the \u2018all persons\u2019 clause. &#8230; The Government alternatively argues that the officers had authority to detain him under Summers. The Government has the burden to prove that the warrantless detention of Utley was appropriate. United States v. Matlock, 415 U.S. 164 n.14 (1974); United States v. Herndon, 501 F.3d 683, 692 (6th Cir. 2007). Adhering to precedent established in Summers and Bailey, the detention of Utley was proper.\u201d United States v. Utley, 2018 U.S. Dist. LEXIS 73363 (M.D. Tenn. May 1, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A search of defendant under an \u201call persons\u201d clause in a warrant was unreasonable. Still, however, the officers had reasonable suspicion to detain him. His admission then was that he had a gun, and that led to a frisk. \u201cGiving &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=32888\">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":[35,59],"tags":[],"class_list":["post-32888","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32888","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=32888"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32888\/revisions"}],"predecessor-version":[{"id":32890,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32888\/revisions\/32890"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32888"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32888"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32888"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}