{"id":3498,"date":"2010-05-16T19:47:22","date_gmt":"2009-11-01T11:34:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-01T11:34:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3498","title":{"rendered":"LA5: Person asked for ID who was already parked before police came up can be ignored; he consented"},"content":{"rendered":"<p>Officers responded to a suspicious persons call and saw the defendant and another. They asked for ID, and the defendant dropped a rock of crack. He was free to ignore the request for ID and leave if he wanted. <a href=\"http:\/\/www.fifthcircuit.org\/PDF\/OPINIONS\/PO\/2009\/3734A547-A585-482A-9C40-7C8CB9FA4731.pdf\">State v. Butler<\/a>, 28 So. 3d 317 (La. App. 5th Cir. 2009):<\/p>\n<blockquote><p>There is no indication in the record that defendant was not free to disregard Deputy Adams when he spoke to him. In fact, Adams&#8217;s uncontested testimony shows that defendant was not in custody or detained before he dropped or threw down the first white rock. According to Adams, defendant could have gotten into the car and left the scene after he was asked for his identification. The verbal contact, by itself, involved the first tier of Fisher, and did not implicate Fourth Amendment concerns of detention or coercion.<\/p><\/blockquote>\n<p><strong>Comment:<\/strong>  This is a potentially dangerous holding. What lay person asked for ID knows that he is free to disregard and leave?  What lawyer knows that? Apparently only the prosecutor in Jefferson Parish LA. And, if a person drives off and ignores the officer, he runs a risk of <a href=\"http:\/\/shootingmessengers.blogspot.com\/2009\/04\/cop-convicted-of-killing-unarmed.html\">getting shot, for no apparent reason other than leaving<\/a>.  <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3498\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-3498","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3498","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=3498"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3498\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3498"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3498"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3498"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}