{"id":45955,"date":"2020-10-28T12:06:13","date_gmt":"2020-10-28T17:06:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45955"},"modified":"2020-10-28T12:07:39","modified_gmt":"2020-10-28T17:07:39","slug":"oh10-anonymous-911-call-didnt-support-defs-stop","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45955","title":{"rendered":"OH10: Anonymous 911 call didn’t support def’s stop"},"content":{"rendered":"\n

A 911 anonymous tipster\u2019s call wasn\u2019t justification for defendant\u2019s stop because it was wrong as to clothing and it essentially described all the black men in the area. State v. Walton<\/a>, 2020-Ohio-5062, 2020 Ohio App. LEXIS 3906 (10th Dist. Oct. 27, 2020).<\/p>\n\n\n\n

The district court credited the officer over others that he could see through the tinted windows for a plain view, and that\u2019s not clear error. United States v. Joseph<\/a>, 2020 U.S. App. LEXIS 33805 (11th Cir. Oct. 27, 2020).*<\/p>\n\n\n\n

There was reasonable suspicion for a stop based on defendant signaling a turn that he\u2019d already started. Franklin v. State<\/a>, 2020 Tex. App. LEXIS 8438 (Tex. App. \u2013 Houston (14th Dist.) Oct. 27, 2020).*<\/p>\n\n\n\n

There was probable cause for the search warrant for child pornography, and, even if there wasn\u2019t, the good faith exception would apply. United States v. Schave, 2020 U.S. Dist. LEXIS 199682 (D. Minn. Oct. 27, 2020).*<\/p>\n\n\n\n

The smell of marijuana coming from defendant during the traffic stop justified expanding it. United States v. Thompson, 2020 U.S. Dist. LEXIS 199756 (S.D. W.Va. Oct. 27, 2020).*<\/p>\n\n\n\n

\u201cOn balance, we conclude Officer West reasonably applied modest forward pressure to a visibly intoxicated and uncooperative Mr. Rowell to guide him down the hallway.\u201d The officer prevails. Rowell v. Bd. of County Comm’rs<\/a>, 2020 U.S. App. LEXIS 33813 (10th Cir. Oct. 27, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A 911 anonymous tipster\u2019s call wasn\u2019t justification for defendant\u2019s stop because it was wrong as to clothing and it essentially described all the black men in the area. State v. Walton, 2020-Ohio-5062, 2020 Ohio App. LEXIS 3906 (10th Dist. Oct. … 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":[52,11,51,20,35,96],"tags":[],"class_list":["post-45955","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-good-faith-exception","category-plain-view","category-probable-cause","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45955","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=45955"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45955\/revisions"}],"predecessor-version":[{"id":45957,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45955\/revisions\/45957"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45955"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45955"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45955"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}