{"id":3949,"date":"2010-05-18T23:00:37","date_gmt":"2010-03-14T08:36:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-14T08:36:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3949","title":{"rendered":"OR: Direction to defendant to stand in a particular place showed he was not free to leave"},"content":{"rendered":"<p>Defendant was stopped and the officer told the defendant to stand in a particular place while the information was run. That was a seizure. He was on probation, and he believed he was being investigated. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A136329.htm\">State v. Zaccone<\/a>, 234 Ore. App. 267, 227 P.3d 215 (2010).* <\/p>\n<p>Defendant was subjected to a pre-Gant search incident that violated Gant. The state concedes error, and the case is remanded [even though the defendant did not challenge the search]. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/38196-6.10.doc.pdf\">State v. Burnett<\/a>, 154 Wn. App. 650, 228 P.3d 39 (2010).* That same day, the same court held that a search claim was waived by not filing a motion to suppress. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/37829-9.10.doc.pdf\">State v. Nyegaard<\/a>, 154 Wn. App. 641, 226 P.3d 783 (2010).*<\/p>\n<p>When defendant was talking to the officer, his wallet was open in his hand. The officer asked to look in the wallet, and defendant consented to it. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/37573-7.10.doc.pdf\">State v. Smith<\/a>, 154 Wn. App. 695, 226 P.3d 195 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3949\">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-3949","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3949","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=3949"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3949\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3949"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3949"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3949"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}