{"id":48281,"date":"2021-04-30T08:25:56","date_gmt":"2021-04-30T13:25:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48281"},"modified":"2021-04-30T10:24:16","modified_gmt":"2021-04-30T15:24:16","slug":"ia-officers-complying-with-4a-is-not-an-element-of-the-underlying-crime-for-the-jury","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=48281","title":{"rendered":"IA: Officer’s complying with 4A is not an element of the underlying crime for the jury"},"content":{"rendered":"\n

The officer\u2019s complying with the Fourth Amendment in the stop and arrest is not an element of defendant\u2019s crime [or any crime]. State v. Chivalan<\/a>, 2021 Iowa App. LEXIS 381 (Apr. 28, 2021) [one can, in some cases, get an illegal search instruction in Texas, but doesn\u2019t it fall on deaf ears?]<\/p>\n\n\n\n

A search warrant to take blood implicitly includes the ability to test it. Balderas v. State<\/a>, 2021 Tex. App. LEXIS 3242 (Tex. App. \u2013 Houston (1st Dist.) Apr. 29, 2021).
<\/p>\n\n\n\n

\u201cThe court concludes that defendant’s detention was not unreasonably prolonged. Even though defendant and Ms. Payne had been separated, that fact, in the court’s view, did not dispel reasonable suspicion of criminal activity. Defendant had given inconsistent information about how long they had been in the parking lot and had been plainly evasive about whether there was a firearm in the car.\u201d United States v. Samilton, 2021 U.S. Dist. LEXIS 81769 (W.D. Okla. Apr. 29, 2021).*<\/p>\n\n\n\n

Defendant hadn\u2019t been seized when he discarded evidence. Even if he had been, he was seized with reasonable suspicion. United States v. Upshur, 2021 U.S. Dist. LEXIS 81781 (E.D. Pa. Apr. 29, 2021).*<\/p>\n\n\n\n

The officer did not act unreasonably in not telling defendant that a licensed driver could come and get the car from him after a stop where he had no DL. That did not unreasonably extend the stop. After the dog alert, the car was searched with a warrant. United States v. Johnson, 2021 U.S. Dist. LEXIS 81814 (D.S.D. Apr. 29, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer\u2019s complying with the Fourth Amendment in the stop and arrest is not an element of defendant\u2019s crime [or any crime]. State v. Chivalan, 2021 Iowa App. LEXIS 381 (Apr. 28, 2021) [one can, in some cases, get an … 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":[48,39,35],"tags":[],"class_list":["post-48281","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-inventory","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48281","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=48281"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48281\/revisions"}],"predecessor-version":[{"id":48284,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48281\/revisions\/48284"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48281"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}