{"id":41496,"date":"2019-12-27T14:44:46","date_gmt":"2019-12-27T19:44:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41496"},"modified":"2019-12-27T14:44:46","modified_gmt":"2019-12-27T19:44:46","slug":"ca8-def-was-subjected-to-two-patdowns-and-both-were-reasonable-and-with-separate-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41496","title":{"rendered":"CA8: Def was subjected to two patdowns, and both were reasonable and with separate RS"},"content":{"rendered":"<p>The arresting officer had probable cause to stop the vehicle in which defendant was riding based on the officer&#8217;s credible testimony that he believed the vehicle was speeding and that he had observed two possible traffic violations with the vehicle&#8217;s license plate. Greens\u2019 two patdowns were reasonable. The first patdown was justified by a reasonable suspicion that he may be armed, dangerous, and presently involved in drug transportation. The second frisk took place after officers had discovered a gun in the car, which heightened the risk that the passengers, including defendant, were armed. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/19\/12\/183589P.pdf\">United States v. Green<\/a>, 18-3589 (8th Cir. Dec. 27, 2019).<\/p>\n<p>After a failed pill mill prosecution, the former defendants sued under \u00a7 1983 for false arrest, and it failed for qualified immunity because there was probable cause. The case can go forward, however, as to a parking lot attendant for whom there was no reason to believe he ever interacted with patients other than that. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2019\/D12-23\/C:19-1602:J:Flaum:aut:T:fnOp:N:2449109:S:0\">Dollard v. Whisenand<\/a>, 2019 U.S. App. LEXIS 38190 (7th Cir. Dec. 23, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The arresting officer had probable cause to stop the vehicle in which defendant was riding based on the officer&#8217;s credible testimony that he believed the vehicle was speeding and that he had observed two possible traffic violations with the vehicle&#8217;s &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=41496\">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":[20,35],"tags":[],"class_list":["post-41496","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41496","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=41496"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41496\/revisions"}],"predecessor-version":[{"id":41497,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41496\/revisions\/41497"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41496"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}