{"id":4376,"date":"2011-01-11T11:29:27","date_gmt":"2010-07-01T06:48:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-01T06:48:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4376","title":{"rendered":"NJ: Lifting shirt instead of conducting a patdown was unreasonable"},"content":{"rendered":"<p>Defendant\u2019s patdown was too intense and involved lifting his shirt to expose drugs in his waistband. The officer had reason for a patdown, but didn\u2019t pat him down. Instead, he lifted his shirt. <a href=\"http:\/\/www.judiciary.state.nj.us\/opinions\/supreme\/A709StatevTysenRPrivott.pdf\">State v. Privott<\/a>, 203 N.J. 16, 999 A.2d 415 (2010) (applying Fourth Amendment and N.J. Const.).<\/p>\n<p>\u201cFinally, although the petitioner complains that counsel performed deficiently by failing to file a motion to suppress, the record establishes that any suppression motion would have been unsuccessful given the petitioner\u2019s pretrial admission that he had granted the officers consent to search his residence and the officers\u2019 corroborating testimony that consent was given. Furthermore, counsel testified that, pursuant to the policy of the district attorney\u2019s office, the filing of a motion to suppress would have caused the state to revoke the plea offer, which included Mrs. Raney\u2019s probationary sentence. Under these circumstances, the petitioner has failed to establish that his counsel performed deficiently by failing to file a motion to suppress.\u201d <a href=\"http:\/\/www.tsc.state.tn.us\/OPINIONS\/TCCA\/PDF\/102\/Terry%20Lynn%20Raney%20vs%20State.pdf\">Raney v. State<\/a>, 2010 Tenn. Crim. App. LEXIS 536 (June 23, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4376\">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-4376","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4376","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=4376"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4376\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4376"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}