{"id":4186,"date":"2010-09-06T20:23:53","date_gmt":"2010-05-17T06:55:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-17T07:37:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4186","title":{"rendered":"UT: 911 call with info from relative was entitled to more credibility"},"content":{"rendered":"

911 call with information from a relative of the defendant was entitled to more credibility. State v. Roybal<\/a>, 2010 UT 34, 232 P.3d 1016, 656 Utah Adv. Rep. 63 (2010):<\/p>\n

[*P18] However, many courts have also considered tips from family or friends to be of greater reliability because a family member or close friend often has a greater opportunity to observe the criminal behavior of the suspect and may have an incentive not to report the suspect due to family loyalty. [citing cases]<\/p><\/blockquote>\n

Defendant\u2019s DOB on his DL didn\u2019t match the computer check, which also showed he was a regular user of aliases. \u201cBy the time the warning was issued, however, the factors identified above had coalesced into reasonable suspicion of criminal activity, which justified additional investigation.\u201d When the officer asked about consent to search, the way the defendant responded created more reasonable suspicion. (\u201cNo. I hate having officers in my child’s face every time. Don’t do this to me.\u201d) A drug dog was called. United States v. Spence, 2010 U.S. Dist. LEXIS 47398 (M.D. Fla. April 19, 2010).*<\/p>\n

\u201cConsent to search may be in the form of conduct, gestures, or words.\u201d \u201cWhen Detective Ogg asked Gamez if he could check to see if he had anything illegal on him, Gamez raised his hands above his head and spread out his feet. Further, when Detective Ogg asked to search him a second time, Gamez responded the same way by raising his hands. We conclude that these actions conveyed Gamez’s consent to search his person.\u201d State v. Gamez<\/a>, 34 So. 3d 245 (Fla. App. 2DCA 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-4186","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4186","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=4186"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4186\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4186"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}