{"id":44777,"date":"2020-07-31T09:22:47","date_gmt":"2020-07-31T14:22:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44777"},"modified":"2020-07-31T09:22:47","modified_gmt":"2020-07-31T14:22:47","slug":"sc-unzipped-pants-in-traffic-stop-contributed-to-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44777","title":{"rendered":"SC: Unzipped pants in traffic stop contributed to RS"},"content":{"rendered":"\n

\u201cBecause we must evaluate the trial court’s findings for clear error, we reluctantly conclude evidence supported the trial court’s finding the officer had reasonable suspicion to extend the stop.\u201d Partly from unzipped pants which suggests to the officer hiding drugs there. There were other observations, too. \u201cOfficer Hall stated that based on these observations, his \u2018interest was piqued highly that something was amiss.\u2019\u201d State v. Frasier<\/a>, 2020 S.C. App. LEXIS 75 (July 29, 2020).<\/p>\n\n\n\n

\u201cIn reviewing a Rule 12(b)(6) motion to dismiss, this Court must accept as true all facts alleged in the complaint and draws all reasonable inferences in favor of the claimant. \u2026 Defendants’ arguments are better suited for a motion for summary judgment when the record is more fully developed. Accordingly, the Court declines to dismiss Plaintiff’s Fourth Amendment claim at this time.\u201d Vuz v. DCSS III, 2020 U.S. Dist. LEXIS 135312 (S.D. Cal. July 30, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cBecause we must evaluate the trial court’s findings for clear error, we reluctantly conclude evidence supported the trial court’s finding the officer had reasonable suspicion to extend the stop.\u201d Partly from unzipped pants which suggests to the officer hiding drugs … Continue reading →<\/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":[35,96],"tags":[],"class_list":["post-44777","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44777","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=44777"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44777\/revisions"}],"predecessor-version":[{"id":44778,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44777\/revisions\/44778"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44777"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44777"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44777"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}