{"id":43293,"date":"2020-04-03T01:00:44","date_gmt":"2020-04-03T06:00:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43293"},"modified":"2020-04-02T17:29:27","modified_gmt":"2020-04-02T22:29:27","slug":"ca10-defs-prior-drug-arrests-by-the-officer-contributed-to-rs-when-in-a-high-crime-area-and-other-things","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43293","title":{"rendered":"CA10: Def&#8217;s prior drug arrests by the officer contributed to RS when in a high crime area and other things"},"content":{"rendered":"\n<p>\u201cSerna was \u2018seized\u2019 under the Fourth Amendment through a Terry stop when Sergeant Silva told Serna to keep his hands where he could see them, and Serna placed his hands on top of his head. \u2026 The district court ruled that Serna&#8217;s seizure was justified because Sergeant Silva \u2018(i) observed an individual [Serna] known to engage in drug trafficking; (ii) engag[ing] in a hand to hand exchange of cash; (iii) in a park known as a site for drug trafficking.\u2019 Serna, 406 F. Supp. 3d at 1124. We agree with the district court that the facts, viewed in the light most favorable to the government, establish that Serna&#8217;s seizure was reasonable under the Fourth Amendment\u201d on the totality. It was a high crime area, which alone isn\u2019t enough, but the officer knew defendant from having arrested him for drug offenses before. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/19\/19-2114.pdf\">United States v. Serna<\/a>, 2020 U.S. App. LEXIS 9855 (10th Cir. Mar. 30, 2020).<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cSerna was \u2018seized\u2019 under the Fourth Amendment through a Terry stop when Sergeant Silva told Serna to keep his hands where he could see them, and Serna placed his hands on top of his head. \u2026 The district court ruled &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43293\">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-43293","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43293","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=43293"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43293\/revisions"}],"predecessor-version":[{"id":43294,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43293\/revisions\/43294"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43293"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}