{"id":47030,"date":"2021-01-29T17:21:33","date_gmt":"2021-01-29T22:21:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47030"},"modified":"2021-01-31T12:19:37","modified_gmt":"2021-01-31T17:19:37","slug":"ca10-officers-mistake-of-fact-here-undermined-the-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=47030","title":{"rendered":"CA10: Officers&#8217; mistake of fact here undermined the RS"},"content":{"rendered":"\n<p>The government conceded on appeal (as it should) that the officers alleged to have reasonable suspicion were mistaken as to what they testified to because they were misinformed. Taking this information out of the equation, the court finds that they lacked reasonable suspicion for their stop. The district court\u2019s denial of the motion to suppress is reversed. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/19\/19-3265.pdf\">United States v. Williams<\/a>, 2021 U.S. App. LEXIS 2239 (10th Cir. Jan. 27, 2021).<\/p>\n\n\n\n<p>\u201cNevertheless, the investigatory stop was warranted by the officer&#8217;s observation of Hall&#8217;s vehicle idling, unattended [at a gas station], and playing loud music, in violation of Louisiana law.\u201d Then a plain view occurred. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/19\/19-30838.0.pdf\">United States v. Hall<\/a>, 2021 U.S. App. LEXIS 2226 (5th Cir. Jan. 27, 2021).*<\/p>\n\n\n\n<p>The dashcam video supports the district court\u2019s conclusion that defendant\u2019s consent was voluntary on the totality. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/19\/19-8067.pdf\">United States v. Murray<\/a>, 2021 U.S. App. LEXIS 2237 (10th Cir. Jan. 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The government conceded on appeal (as it should) that the officers alleged to have reasonable suspicion were mistaken as to what they testified to because they were misinformed. Taking this information out of the equation, the court finds that they &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=47030\">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":[24,35,63],"tags":[],"class_list":["post-47030","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47030","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=47030"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47030\/revisions"}],"predecessor-version":[{"id":47057,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47030\/revisions\/47057"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47030"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47030"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47030"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}