{"id":4111,"date":"2010-05-24T12:55:43","date_gmt":"2010-04-28T07:13:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-28T07:13:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4111","title":{"rendered":"MA: Patdown without reasonable suspicion was unreasonable"},"content":{"rendered":"

Officer responded to a \u201cpers[on with] gun\u201d report. Defendant\u2019s pat down was not justified. He had a bulge on his waistband, but he was cooperative, and there was no reasonable suspicion as to him. Commonwealth v. Flemming<\/a>, 76 Mass. App. Ct. 632, 925 N.E.2d 39 (2010).*<\/p>\n

During defendant\u2019s traffic stop, the officer smell unburnt marijuana, and that justified an automobile search. Commonwealth v. Villatoro<\/a>, 6 Mass. App. Ct. 645 (2010).*<\/p>\n

Denial of motion to suppress was remanded for a new hearing because of the confusion at the first hearing since everybody got it wrong. The defendant dropped the drugs, but there was no indication of whether the defendant did so in response to an illegal stop. The denial of the motion is reversed and remanded for a new suppression hearing. Commonwealth v. Rodriguez<\/a>, 456 Mass. 578, 925 N.E.2d 21 (2010).*<\/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-4111","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4111","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=4111"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4111\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4111"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4111"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4111"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}