{"id":48413,"date":"2021-05-15T05:29:52","date_gmt":"2021-05-15T10:29:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48413"},"modified":"2021-05-15T05:29:52","modified_gmt":"2021-05-15T10:29:52","slug":"ia-trespassing-on-rr-property-was-rs-for-stop","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=48413","title":{"rendered":"IA: Trespassing on RR property was RS for stop"},"content":{"rendered":"\n<p>Defendant\u2019s parking on railroad property was trespassing at least, and it was reasonable for the officer to investigate whether it was drug use or underage drinking, what he\u2019d usually find. \u201cAssuming without deciding King was acting on a mere hunch as to drug activity or underage drinking, when he arrived, Freking&#8217;s vehicle was still partially parked on private property. These circumstances provided reasonable suspicion to initiate a brief investigatory stop for King to \u2018resolve the ambiguity as to whether criminal activity was afoot.\u2019\u201d <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/12742\/embed\/CourtAppealsOpinion\">State v. Freking<\/a>, 2021 Iowa App. LEXIS 390 (May 12, 2021).*<\/p>\n\n\n\n<p>\u201cThe facts above support the conclusion that Sgt. Danius had reasonable suspicion that Defendant was armed and dangerous, justifying the pat down. Defendant was accused of harassment and fled the scene. Moreover, when Sgt. Danius approached he reasonably and credibly believed that Defendant was abnormally nervous and had his hands raised.\u201d United States v. Anderson, 2021 U.S. Dist. LEXIS 89629 (D. N.M. May 11, 2021).*<\/p>\n\n\n\n<p>There was reasonable suspicion on the totality for continuing the interaction with defendant. The record supports the district court\u2019s conclusion defendant consented to the continued interaction with him. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/pub\/20\/20-10588-CR0.pdf\">United States v. Bass<\/a>, 2021 U.S. App. LEXIS 13927 (5th Cir. May 11, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s parking on railroad property was trespassing at least, and it was reasonable for the officer to investigate whether it was drug use or underage drinking, what he\u2019d usually find. \u201cAssuming without deciding King was acting on a mere hunch &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=48413\">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":[35],"tags":[],"class_list":["post-48413","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48413","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=48413"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48413\/revisions"}],"predecessor-version":[{"id":48414,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48413\/revisions\/48414"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48413"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48413"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48413"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}