{"id":3988,"date":"2011-01-11T10:53:40","date_gmt":"2010-03-23T06:38:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-23T06:49:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3988","title":{"rendered":"CA10: Getting in car with suspect and ordering her to drive was a seizure, here without RS"},"content":{"rendered":"<p>Getting in the defendant\u2019s wife\u2019s car with her without reasonable suspicion and having her drive to where the police were conducting their surveillance was a seizure. They used her to get consent to search their house. The district court clearly erred in finding attenuation between her detention and the consent, and the motion to suppress should have been granted. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/09\/09-5131.pdf\">United States v. Fox<\/a>, 600 F.3d 1253 (10th Cir. 2010).*<\/p>\n<p>The CI\u2019s story was sufficiently corroborated here by innocent details that the defendant\u2019s car was being followed by two others. The CI had provided useful information in the past. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200913853.pdf\">United States v. Pineda<\/a>, 370 Fed. Appx. 60 (11th Cir. March 22, 2010) (unpublished).*<\/p>\n<p>The initial illegal search was independent of the decision to seek a search warrant, and there was sufficient independent probable cause to support it. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/085076.U.pdf\">United States v. Handberry<\/a>, 372 Fed. Appx. 383 (4th Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3988\">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-3988","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3988","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=3988"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3988\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3988"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3988"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3988"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}