{"id":49557,"date":"2021-09-05T12:43:46","date_gmt":"2021-09-05T17:43:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49557"},"modified":"2021-09-05T12:43:46","modified_gmt":"2021-09-05T17:43:46","slug":"ca11-rs-included-talking-on-phone-during-stop-when-repeatedly-told-to-hang-up","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=49557","title":{"rendered":"CA11: RS included talking on phone during stop when repeatedly told to hang up"},"content":{"rendered":"\n

Defendant\u2019s excessive nervousness, denial that some of the contents of the car were even his, and repeatedly talking on the phone with someone the officer suspected was coaching him what to do and say even after being repeatedly told to stay off the phone added up to reasonable suspicion. United States v. Braddy<\/a>, 2021 U.S. App. LEXIS 26230 (11th Cir. Aug. 31, 2021).*<\/p>\n\n\n\n

Plaintiff\u2019s arrest for continually arguing with an officer called to deal with him as disorderly was with arguable probable cause, so the officer gets qualified immunity. The officer was also disciplined for a department rule violation. Raeburn v. Gibson<\/a>, 2021 U.S. App. LEXIS 26179 (8th Cir. Aug. 31, 2021).*<\/p>\n\n\n\n

Plaintiff failed to respond to requests for admission that a body cavity search did not occur, so it was deemed admitted. That precludes his appeal over the body cavity search. Amador v. Wolfe<\/a>, 2021 U.S. App. LEXIS 26201 (5th Cir. Aug. 31, 2021).*<\/p>\n\n\n\n

A search warrant was issued after two of three controlled buys with defendant\u2019s white Ford and him going home thereafter. The warrant was sought three days after the last transaction. Aside from the probable cause question, the warrant was executed in good faith. The trial court erred in suppressing. State v. Battles<\/a>, 2021-Ohio-3505, 2021 Ohio App. LEXIS 2950 (10th Dist. Aug. 31, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s excessive nervousness, denial that some of the contents of the car were even his, and repeatedly talking on the phone with someone the officer suspected was coaching him what to do and say even after being repeatedly told to … 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":[50,11,20,35],"tags":[],"class_list":["post-49557","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-good-faith-exception","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49557","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=49557"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49557\/revisions"}],"predecessor-version":[{"id":49558,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49557\/revisions\/49558"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49557"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}