{"id":41104,"date":"2019-12-10T04:22:09","date_gmt":"2019-12-10T09:22:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41104"},"modified":"2019-12-10T04:22:09","modified_gmt":"2019-12-10T09:22:09","slug":"ca6-dodging-the-question-when-asked-about-a-weapon-during-an-investigative-detention-added-to-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41104","title":{"rendered":"CA6: Dodging the question when asked about a weapon during an investigative detention added to RS"},"content":{"rendered":"<p>Defendant allegedly had a motive to be violent, and, when officers asked him about whether he was armed, he dodged the question. The evidence supports the district court\u2019s conclusion that there was reasonable suspicion for the intrusion. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0602n-06.pdf\">United States v. Farrington<\/a>, 2019 U.S. App. LEXIS 36384 (6th Cir. Dec. 6, 2019).<\/p>\n<p>Defendant succeeds in reversing district court\u2019s denial of 2255 on the grounds that he was misadvised as to the Guideline range and that a conditional plea here cost him acceptance of responsibility. He gets to re-enter an unconditional plea on remand if that\u2019s his choice. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201812270.pdf\">Medina v. United States<\/a>, 2019 U.S. App. LEXIS 36370 (11th Cir. Dec. 9, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant allegedly had a motive to be violent, and, when officers asked him about whether he was armed, he dodged the question. The evidence supports the district court\u2019s conclusion that there was reasonable suspicion for the intrusion. United States v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=41104\">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":[23,35],"tags":[],"class_list":["post-41104","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41104","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=41104"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41104\/revisions"}],"predecessor-version":[{"id":41105,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41104\/revisions\/41105"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41104"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41104"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41104"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}