{"id":4332,"date":"2011-01-08T15:30:41","date_gmt":"2010-06-22T08:36:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-22T08:36:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4332","title":{"rendered":"UT: Frisk of bystander was without RS and invalid"},"content":{"rendered":"<p>Defendant was a mere bystander to the frisk of his friend that produced a knife in the friend\u2019s pocket. The officer frisked defendant, too, but without reasonable suspicion, and a hard cylindrical object was felt in defendant\u2019s pocket. The officer went for it thinking it might be a knife, but it was a container of meth. The frisk was invalid. <a href=\"http:\/\/www.utcourts.gov\/opinions\/appopin\/lowe061710.pdf\">State v. Lowe<\/a>, 2010 UT App 156, 2010 Utah App. LEXIS 160 (June 17, 2010).<\/p>\n<p>Officers reasonably believed that defendant dropped drugs during his flight from them, and his reappearance in bushes made reasonable his arrest. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2010\/2ndDistrict\/June\/2080599.pdf\">People v. Holman<\/a>, 402 Ill. App. 3d 645, 937 N.E.2d 196 (2010).*<\/p>\n<p>Police received a call from defendant\u2019s wife that he was driving drunk, and the vehicle description and route to the high school to pick up kids was given. That was reasonable suspicion for a stop. <a href=\"http:\/\/supremecourt.ne.gov\/opinions\/2010\/june\/jun18\/s09-768.pdf\">State v. Wollam<\/a>, 280 Neb. 43, 783 N.W.2d 612 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4332\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-4332","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4332","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=4332"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4332\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4332"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4332"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4332"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}