{"id":3813,"date":"2010-03-26T06:37:40","date_gmt":"2010-02-06T00:04:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-05T11:56:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3813","title":{"rendered":"SD: Citizen’s arrest by student security for public urination was valid"},"content":{"rendered":"

Student security persons had citizen arrest power over the \u201cpublic offense\u201d of public urination without violating the Fourth Amendment. State v. Ludemann<\/a>, 2010 SD 9 (February 3, 2010).*<\/p>\n

Defendant\u2019s stop was justified by a traffic offense, but he was completely uncooperative in identifying himself, and the stop was in a high crime area. His uncooperativeness justified putting him in the back of a police car. The stop was not unreasonably extended to bring in a drug dog. State v. McClellan<\/a>, 2010 Ohio 314, 2010 Ohio App. LEXIS 266 (3d Dist. February 1, 2010).*<\/p>\n

Officer\u2019s approaching defendant to ask questions and defendant volunteering he likely had a warrant out on him was not a seizure. Search incident to arrest was valid. State v. Bailey<\/a>, 154 Wn. App. 295, 224 P.3d 852 (2010):<\/p>\n

\u00b62 Yakima Police Officer James Walker saw James Bailey walking along an otherwise deserted street in Yakima, Washington. He asked Mr. Bailey \u201cif he had a minute.\u201d Report of Proceedings (RP) at 5. The officer had to repeat his question for Mr. Bailey to hear him. Mr. Bailey responded affirmatively and walked toward the officer. The officer questioned Mr. Bailey to determine \u201cif he had business in there or if he was legitimately headed somewhere.\u201d RP at 6. He asked Mr. Bailey where he was going and what he was up to. Mr. Bailey explained that he was on his way to a friend’s house. Officer Walker then asked him for his identification. Mr. Bailey gave the officer his identification and, as soon as he did, advised the officer that he likely had an outstanding warrant. Officer Walker verified that Mr. Bailey had an outstanding warrant and arrested him. The officer searched Mr. Bailey incident to arrest and found two and one-half grams of methamphetamine in his glove.<\/p><\/blockquote>\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-3813","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3813","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=3813"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3813\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3813"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3813"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3813"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}