{"id":49240,"date":"2021-07-31T14:43:23","date_gmt":"2021-07-31T19:43:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49240"},"modified":"2021-07-31T14:43:23","modified_gmt":"2021-07-31T19:43:23","slug":"ct-using-a-library-parking-lot-and-picnic-table-after-hours-doesnt-justify-stop-and-frisk","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=49240","title":{"rendered":"CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk"},"content":{"rendered":"\n

Defendant’s mere use of the library’s parking lot and picnic table at 9 p.m. on a Sunday evening was not reasonable suspicion of some other criminal activity and did not support a stop and frisk. State v. Haughwout<\/a>, 2021 Conn. LEXIS 210 (July 23, 2021).<\/p>\n\n\n\n

A preliminary injunction against execution of an administrative search warrant is denied. The search had already started when it was filed, and this case doesn\u2019t satisfy the \u201ccapable of repetition but evading review\u201d standard. The parties agree that redacted papers in support can be released. Ace Black Ranches, LLC v. United States EPA, 2021 U.S. Dist. LEXIS 138785 (D.Idaho July 23, 2021).<\/p>\n\n\n\n

\u201cThe Court finds the arguments of both parties unpersuasive and holds that a reasonable suspicion standard applies to the search in this case. Contrary to Defendant’s claims, he did not have the same reasonable expectation of privacy in the items seized from his home on February 4, 2020 as would an ordinary citizen. Defendant did not object to conditions of supervised release that provided for warrantless searches of his person, premises, and vehicle. These conditions significantly lowered his privacy interest. Furthermore, Defendant’s supervising probation officer was present and initiated a search of his residence pursuant to the standard conditions of supervised release, the search complied with Defendant’s conditions of supervised release, and the search was based on reasonable suspicion. Thus, the totality of the circumstances establish that the search was reasonable under the Fourth Amendment.\u201d United States v. Johnson, 2021 U.S. Dist. LEXIS 140389 (W.D.N.C. July 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant’s mere use of the library’s parking lot and picnic table at 9 p.m. on a Sunday evening was not reasonable suspicion of some other criminal activity and did not support a stop and frisk. State v. Haughwout, 2021 Conn. … 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":[9,58,4],"tags":[],"class_list":["post-49240","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-probationparole-search","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49240","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=49240"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49240\/revisions"}],"predecessor-version":[{"id":49241,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49240\/revisions\/49241"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49240"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49240"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49240"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}