{"id":4031,"date":"2011-01-07T08:48:28","date_gmt":"2010-04-05T06:47:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-05T06:47:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4031","title":{"rendered":"CA4: Hand-to-hand drug sales on the street where the defendant’s car was for storage gave PC for search of the car"},"content":{"rendered":"

Hand-to-hand probable drug sales in an open air drug market. The officer had reasonable suspicion to approach the defendant to ask questions. When approached, he tossed what proved to be heroin. Because he had walked back and forth to a car before this, this gave the officer probable cause to search the car for drugs. United States v. Johnson<\/a>, 599 F.3d 339 (4th Cir. 2010).*<\/p>\n

The officer pulled up next to a car parked too far from the curb, and the driver and occupants seemed startled when they saw the police. Defendant made furtive movements and acted like he was putting something in his waistband. This was in a high crime area known for shootings. The officer had reasonable suspicion to believe the defendant was concealing a weapon, so the stop of the defendant was reasonable. United States v. McDaniel<\/a>, 371 Fed. Appx. 617, 2010 FED App. 0207N (6th Cir. 2010) (unpublished).*<\/p>\n

The CI that was used here had been used twice for controlled buys just before the search warrant was issued. He was reliable in the past because \u201cAlthough this refers to the recent past, it is still the past.\u201d While the affidavit may have been deficient on probable cause, it was still close enough for the good faith exception to apply. United States v. Pirtle<\/a>, 371 Fed. Appx. 614, 2010 FED App. 0206N (6th Cir. 2010) (unpublished).*<\/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-4031","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4031","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=4031"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4031\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4031"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}