{"id":40668,"date":"2019-11-15T06:42:44","date_gmt":"2019-11-15T11:42:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40668"},"modified":"2019-11-15T06:42:44","modified_gmt":"2019-11-15T11:42:44","slug":"md-mta-fare-sweep-resulted-in-defs-detention-without-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40668","title":{"rendered":"MD: MTA &#8220;fare sweep&#8221; resulted in def&#8217;s detention without RS"},"content":{"rendered":"<p>A \u201cfare sweep\u201d on an MTA train in Baltimore led to defendant being detained. Officers ran his name and found a record. At a station, a scuffle ensued, one of the officers shouted \u201cgun\u201d and defendant was wrestled to the ground by three officers. A gun was found on the tracks. A search of his person produced drugs. When the group of officers entered the train, this was a seizure because none of the passengers could avoid their encounter. Implied consent does not apply. Seizing defendant required reasonable suspicion. The attenuation doctrine does not apply. <a href=\"https:\/\/www.courts.state.md.us\/data\/opinions\/cosa\/2019\/0478s18.pdf\">Carter v. State<\/a>, 2019 Md. App. LEXIS 977 (Nov. 14, 2019).<\/p>\n<p>Defendant has his third successor petition claiming that a cell simulator was used on his phone, and this too is barred. Jones v. United States, 2019 U.S. Dist. LEXIS 197191 (E.D. Mo. Nov. 14, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A \u201cfare sweep\u201d on an MTA train in Baltimore led to defendant being detained. Officers ran his name and found a record. At a station, a scuffle ensued, one of the officers shouted \u201cgun\u201d and defendant was wrestled to the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40668\">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":[82,35,69],"tags":[],"class_list":["post-40668","post","type-post","status-publish","format-standard","hentry","category-cs-sim","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40668","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=40668"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40668\/revisions"}],"predecessor-version":[{"id":40669,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40668\/revisions\/40669"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40668"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40668"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40668"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}