{"id":39253,"date":"2019-08-21T08:49:18","date_gmt":"2019-08-21T13:49:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39253"},"modified":"2019-08-21T08:49:18","modified_gmt":"2019-08-21T13:49:18","slug":"m-d-ga-def-handcuffed-for-officer-safety-was-unmirandized-and-his-statement-admitting-to-gun-that-led-to-search-for-it-suppresses-both","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39253","title":{"rendered":"M.D.Ga.: Def handcuffed for officer safety was unMirandized, and his statement admitting to gun that led to search for it suppresses both"},"content":{"rendered":"<p>Officers had a right during a traffic stop to check criminal history, and that legitimately led to finding defendant\u2019s search waiver. The Georgia search waiver is not complete, however, and more stringent than the one in Samson. He was handcuffed for officer safety and unMirandized. His statement about the gun, however, was custodial and must be suppressed. United States v. Williams, 2019 U.S. Dist. LEXIS 139438 (M.D. Ga. Aug. 19, 2019).<\/p>\n<p>Based on the totality, the officer had reasonable suspicion to continue the stop of a tractor-trailer that had no license plate on the trailer, two occupants in the cab, fresh paint on the trailer, and inconsistent stories about their travels. The ultimate dog sniff was reasonable. United States v. Henderson, 2019 U.S. Dist. LEXIS 139853 (D. Neb. Aug. 19, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had a right during a traffic stop to check criminal history, and that legitimately led to finding defendant\u2019s search waiver. The Georgia search waiver is not complete, however, and more stringent than the one in Samson. He was handcuffed &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=39253\">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":[35,69],"tags":[],"class_list":["post-39253","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39253","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=39253"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39253\/revisions"}],"predecessor-version":[{"id":39254,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39253\/revisions\/39254"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39253"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39253"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39253"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}