{"id":4738,"date":"2011-02-10T12:56:48","date_gmt":"2010-10-06T07:16:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-06T07:16:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4738","title":{"rendered":"KS: Moving the defendant slightly during stop is not an arrest"},"content":{"rendered":"<p>Just because a suspect is moved slightly during his stop, it is not turned into an arrest: \u201cWe conclude, therefore, that when required for the safety of the officer or suspect, a suspect may be moved a short distance during an investigatory detention if that is consistent  with the purposes of the investigation, does not unduly prolong the duration of the detention, and does not otherwise turn the situation into the equivalent of a formal arrest.\u201d <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/CtApp\/2010\/20101001\/102741.pdf\">State v. Barriger<\/a>, 44 Kan. App. 2d 648, 239 P.3d 1290 (2010).*<\/p>\n<p>Seeing defendant on school property without a school uniform was reasonable suspicion of trespassing on school property. When she opened her purse, a knife was in plain view. <a href=\"http:\/\/www.la4th.org\/pdf\/20100649DC%201.pdf\">State in the Interest of K.M.<\/a>, 2010 La. App. LEXIS 1305 (4th Cir. September 29, 2010).*<\/p>\n<p>Defendant was arrested after an entry by the SWAT team, and he was in his underwear. The entry was lawful, as was recovery of the gun. He was asked where the gun was without being Mirandized, and that did not fit within <a href=\"http:\/\/scholar.google.com\/scholar_case?case=13717772316457971707&amp;q=New+York+v.+Quarles&amp;hl=en&amp;as_sdt=1002\">Quarles<\/a> and the \u201cpublic safety\u201d exception. The search was otherwise valid, but his admission is suppressed. United States v. Carrizales, 2010 U.S. Dist. LEXIS 104798 (N.D. Ohio September 29, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4738\">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-4738","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4738","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=4738"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4738\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4738"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4738"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4738"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}