{"id":45826,"date":"2020-10-20T00:01:52","date_gmt":"2020-10-20T05:01:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45826"},"modified":"2020-10-19T15:36:27","modified_gmt":"2020-10-19T20:36:27","slug":"d-d-c-search-of-defs-fanny-pack-wasnt-valid-as-search-incident-but-it-was-because-it-was-disclaimed-by-him","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45826","title":{"rendered":"D.D.C.: Search of def&#8217;s fanny pack wasn&#8217;t valid as search incident, but it was valid because he disclaimed it"},"content":{"rendered":"\n<p>Defendant\u2019s front license plate being on the dashboard and not affixed to the car was a traffic offense that justified his stop. \u201cPerhaps Giles recognizes that there was probable cause to arrest him after he refused to pull over and fled his car without putting it into park. The Government says these facts establish probable cause that Giles committed reckless driving, a criminal offense in the District of Columbia.\u201d The search incident of his fanny pack when he was arrested was not reasonable because he was across the street from it. The government\u2019s alternative basis of abandonment, however, makes it reasonable because defendant denied the fanny pack was his. He can\u2019t argue that his abandonment was caused by the officers. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2019cr0311-56\">United States v. Giles<\/a>, 2020 U.S. Dist. LEXIS 192690 (D.D.C. Oct. 19, 2020).<\/p>\n\n\n\n<p>There was reasonable suspicion and even probable cause for defendant\u2019s stop, and reasonable suspicion was arguably conceded by him. Considering the officers\u2019 knowledge of his criminal history and propensity for violence, it was not unreasonable for them to draw weapons on him. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/20\/20-20079.0.pdf\">United States v. Gaderson<\/a>, 2020 U.S. App. LEXIS 32841 (5th Cir. Oct. 13, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s front license plate being on the dashboard and not affixed to the car was a traffic offense that justified his stop. \u201cPerhaps Giles recognizes that there was probable cause to arrest him after he refused to pull over and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=45826\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[48,26,4],"tags":[],"class_list":["post-45826","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-search-incident","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45826","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=45826"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45826\/revisions"}],"predecessor-version":[{"id":45828,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45826\/revisions\/45828"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45826"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45826"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45826"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}