{"id":4397,"date":"2011-01-08T15:14:24","date_gmt":"2010-07-06T00:16:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-05T12:16:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4397","title":{"rendered":"CA11: Officer has no constitutional duty to write a ticket to validate a stop"},"content":{"rendered":"<p>\u201c[T]here is no constitutional requirement that a police officer issue a traffic citation; the police officer can pull a car over if he simply observes that car committing a traffic infraction.\u201d Here, it was also reasonable for the officer to conclude that defendant\u2019s DL was still likely suspended for a DUI. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200915555.pdf\">United States v. Woods<\/a>, 385 Fed. Appx. 914 (11th Cir. 2010) (unpublished).*<\/p>\n<p>Defendant consented to the search of his car. Alternatively, the officer had probable cause from smelling marijuana. Alternatively, the fact defendant\u2019s car was missing a license plate required towing and an inventory under Kansas City PD procedure. United States v. Wiggins, 2010 U.S. Dist. LEXIS 65617 (W.D. Mo. June 7, 2010).*<\/p>\n<p>The entry into defendant\u2019s house to investigate a home invasion robbery by consent was neither by trickery or deception. Recognizing that \u201c[i]f deception reaches the point of coercion, it can vitiate a consent,\u201d the officers knew that the place was a crack house. Defendant opened a drawer to get receipts for the stolen stuff, and inside was a gun he was allegedly loaned after the robbery for protection. He was a felon and was arrested. The entry was valid. United States v. Dickerson, 2010 U.S. Dist. LEXIS 65575 (E.D. Mo. June 2, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4397\">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-4397","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4397","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=4397"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4397\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4397"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}