{"id":41211,"date":"2019-12-16T00:00:54","date_gmt":"2019-12-16T05:00:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41211"},"modified":"2019-12-14T23:59:18","modified_gmt":"2019-12-15T04:59:18","slug":"m-d-n-c-the-conduct-of-the-men-here-was-apparently-innocent-and-nothing-made-it-even-rise-to-rs-as-low-a-standard-as-that-is","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41211","title":{"rendered":"M.D.N.C.: The conduct of the men here was apparently innocent, and nothing made it even rise to RS [as low a standard as that is]"},"content":{"rendered":"<p>Three men standing by a car wasn\u2019t reasonable suspicion. The court analyzes each factor [not the \u201cdivide and conquer\u201d attitude to be avoided] and finds it wanting and ultimately just a hunch. Then, the court considers the totality of circumstance, and the court can\u2019t find that it adds up to reasonable suspicion. The officer just had too brief a view to have reasonable suspicion of men not doing anything wrong. \u201cHere, by contrast, no evidence has been presented to suggest that it was unusual for a person or persons to be outside, nor is there any suggestion that it was unusual for a group of pedestrians to speak with the driver of a vehicle, as occurred here. As discussed above, the facts are too uncertain to convert what might have been innocent conduct into suspicious conduct based upon Kellar&#8217;s experience and his limited observation.\u201d United States v. Haskins, 2019 U.S. Dist. LEXIS 214832 (M.D. N.C. Dec. 12, 2019).*<\/p>\n<p>The motions to suppress are denied for abandonment, search incident of his person, and a search warrant for defendant\u2019s car. United States v. Carey, 2019 U.S. Dist. LEXIS 214803 (M.D. Pa. Dec. 13, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Three men standing by a car wasn\u2019t reasonable suspicion. The court analyzes each factor [not the \u201cdivide and conquer\u201d attitude to be avoided] and finds it wanting and ultimately just a hunch. Then, the court considers the totality of circumstance, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=41211\">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":[35],"tags":[],"class_list":["post-41211","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41211","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=41211"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41211\/revisions"}],"predecessor-version":[{"id":41212,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41211\/revisions\/41212"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41211"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}