{"id":42712,"date":"2020-02-29T09:57:33","date_gmt":"2020-02-29T14:57:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42712"},"modified":"2020-02-29T09:58:30","modified_gmt":"2020-02-29T14:58:30","slug":"or-stop-of-def-for-being-either-involved-in-accident-or-material-witness-to-it-lacked-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=42712","title":{"rendered":"OR: Stop of def for being either involved in accident or material witness to it lacked RS"},"content":{"rendered":"<p>Defendant was in a vehicle that passed by the scene of a one vehicle accident the police were working. The officer somehow decided that the occupants of the passing vehicle had knowledge of the stop, and he engaged in a significant show of authority. That stop was without reasonable suspicion or even that defendant was a material witness to the accident. The motion to suppress should have been granted. <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/search\/collection\/p17027coll3!p17027coll5!p17027coll6\/searchterm\/A166299\/field\/all\/mode\/all\/conn\/all\/order\/date\/ad\/desc\">State v. Middleton<\/a>, 302 Ore. App. 339 (Feb. 20, 2020).<\/p>\n<p>DOC employees have a reasonable expectation of privacy in their employment records as to outsiders, but not the agency itself. It can monitor employee performance. <a href=\"https:\/\/appecm.mt.gov\/PerceptiveJUDSupremeCourt\/!results?documentId=321Z42S_0MNRTZW1X000006&amp;fileType=pdf\">Speer v. State, Dept. of Corrections<\/a>, 2020 MT 45, 2020 Mont. LEXIS 578 (Feb. 25, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was in a vehicle that passed by the scene of a one vehicle accident the police were working. The officer somehow decided that the occupants of the passing vehicle had knowledge of the stop, and he engaged in a &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=42712\">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":[1],"tags":[],"class_list":["post-42712","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42712","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=42712"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42712\/revisions"}],"predecessor-version":[{"id":42714,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42712\/revisions\/42714"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42712"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}