{"id":3915,"date":"2011-12-28T19:17:03","date_gmt":"2010-03-03T07:39:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-03T07:39:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3915","title":{"rendered":"NC: Giving false name on arrest without PC still a crime"},"content":{"rendered":"

\u201cIn this case, Defendant made false statements to officers regarding his name, date of birth, and social security number after his arrest for possession of controlled substances. Therefore, even assuming arguendo that Defendant’s arrest was not supported by probable cause, Defendant’s false statements to the police would not have been excluded as \u201c\u2018fruit of the poisonous tree.\u201d\u2019 Wong Sun, 371 U.S. at 488, 9 L. Ed. 2d at 455.\u201d State v. Barron<\/a>, 202 N.C. App. 686, 690 S.E.2d 22 (2010).*<\/p>\n

An off duty officer working security at an apartment complex had the defendant come with him to the office to give him a no trespassing notice. He got the defendant\u2019s DL and actually called to check on his status. There were no warrants but the DL had been revoked. He then arrested the defendant for driving on a revoked DL, and the defendant moved to suppress the arrest in his habitual driving offender trial. The arrest was valid. Jones v. Commonwealth, 2010 Va. LEXIS 28 (February 25, 2010).*<\/p>\n

Defendant was standing under a \u201cno trespassing\u201d sign, and that got the officers\u2019 attention. They approached and asked for ID which he provided, and there were no warrants on him. However, he was acting exceedingly nervous and wouldn\u2019t keep his hands out of his pockets despite the officers telling him to. A pat frisk followed, and baggies of crack fell from his pockets when he pulled his hands out. The seizure was lawful. Commonwealth v. Mathis<\/a>, 76 Mass. App. Ct. 366, 922 N.E.2d 816 (2010), Review denied by Commonwealth v. Mathis, 457 Mass. 1102, 928 N.E.2d 949 (2010).*<\/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-3915","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3915","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=3915"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3915\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3915"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3915"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3915"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}