{"id":4390,"date":"2011-05-02T10:37:38","date_gmt":"2010-07-04T05:21:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-03T15:23:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4390","title":{"rendered":"MS: Choice of law question was irrelevant to outcome"},"content":{"rendered":"<p>Choice of law question (Kansas where search occurred or Mississippi where the trial occurred) was essentially irrelevant where neither party argues in their briefs that the outcome would be different. There was probable cause for defendant\u2019s arrest. <a href=\"http:\/\/www.mssc.state.ms.us\/Images\/Opinions\/CO63213.pdf\">Gillett v. State<\/a>, 56 So. 3d 469 (Miss. 2010).<\/p>\n<p>Touching the fog line 16 times was reasonable suspicion for a stop. <a href=\"http:\/\/www.ndcourts.com\/court\/opinions\/20100009.htm\">State v. Mohl<\/a>, 2010 ND 120, 2010 N.D. LEXIS 118 (June 30, 2010).*<\/p>\n<p>The stop of the defendant was justified by reasonable suspicion that he was involved in a murder. \u201cThe only police conduct that fairly may be characterized as coercive was the action undertaken by the officers in blocking the defendant&#8217;s vehicle to ensure that he would not leave the area before they could speak to him. In light of the defendant&#8217;s attempt to leave almost immediately after he pulled up to his house, we agree with the trial court that blocking the defendant\u2019s vehicle likely was the most efficacious way to maintain the status quo so that the police could gain the defendant&#8217;s attention.\u201d <a href=\"http:\/\/www.jud.state.ct.us\/external\/supapp\/Cases\/AROcr\/CR296\/296CR757.pdf\">State v. Courchesne<\/a>, 296 Conn. 622, 998 A.2d 1 (2010)* (argued March 19, 2008).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4390\">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-4390","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4390","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=4390"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4390\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4390"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}