{"id":39518,"date":"2019-09-04T07:29:37","date_gmt":"2019-09-04T12:29:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39518"},"modified":"2019-09-04T08:36:19","modified_gmt":"2019-09-04T13:36:19","slug":"nc-defs-arrest-was-without-pc-but-he-abandoned-his-gun","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39518","title":{"rendered":"NC: Def’s arrest was without PC, but he abandoned his gun"},"content":{"rendered":"

\u201cThe trial court erred in denying Defendant’s motion to suppress the firearm based on its reasoning that officers had the probable cause necessary to arrest Defendant for resisting, delaying, or obstructing a public officer. The firearm, however, was not the fruit of an unlawful seizure, as the evidence introduced at trial established that Defendant voluntarily abandoned the firearm before he was seized within the meaning of the Fourth Amendment. Therefore, despite the trial court’s error in resolving the motion to suppress, Defendant has failed to show plain error in the admission of the firearm at trial.\u201d State v. Holley<\/a>, 2019 N.C. App. LEXIS 727 (Sept. 3, 2019).<\/p>\n

Defendant\u2019s flight at 100 mph in a 45 zone and driving recklessly was reasonable suspicion. State v. Mahatha<\/a>, 2019 N.C. App. LEXIS 717 (Sept. 3, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe trial court erred in denying Defendant’s motion to suppress the firearm based on its reasoning that officers had the probable cause necessary to arrest Defendant for resisting, delaying, or obstructing a public officer. The firearm, however, was not the … Continue reading →<\/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":[48,35],"tags":[],"class_list":["post-39518","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39518","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=39518"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39518\/revisions"}],"predecessor-version":[{"id":39520,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39518\/revisions\/39520"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39518"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39518"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39518"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}