{"id":49995,"date":"2021-10-22T07:45:44","date_gmt":"2021-10-22T12:45:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49995"},"modified":"2021-10-22T08:38:54","modified_gmt":"2021-10-22T13:38:54","slug":"mt-person-on-the-street-talking-to-person-in-a-car-known-for-drug-crimes-in-a-drug-crime-area-is-not-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=49995","title":{"rendered":"MT: Person on the street talking to person in a car known for drug crimes in a drug crime area is not RS"},"content":{"rendered":"\n

The trial court erred in concluding that the protective pat-down search of defendant was justified under Terry and state law because being engaged with an unknown individual in an area where drug crimes had occurred in a vehicle associated with illegal drug activity was insufficient alone to constitute a reasonable suspicion. State v. Laster<\/a>, 2021 MT 269, 2021 Mont. LEXIS 838 (Oct. 19, 2021).<\/p>\n\n\n\n

Defendant is a Vietnamese immigrant who speaks English as a second language. He was in Montana on personal business, stopped for gas, and gawked at a police van that also stopped there. \u201cThe MHP troopers were driving a marked MHP crime scene van containing the marijuana, while Agent Smith was driving an unmarked gray pickup truck. Trooper Kilpela later testified that the van would be an abnormal sight to the average individual because it \u2018was stuffed all the way full to the ceiling with bulk marijuana.\u2019\u201d There was no reasonable suspicion for his detention. Culturally, defendant would have been overly deferential to the police. State v. Pham<\/a>, 2021 MT 270, 2021 Mont. LEXIS 836 (Oct. 20, 2021). (Some cases are almost unbelievable in what happened.)<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court erred in concluding that the protective pat-down search of defendant was justified under Terry and state law because being engaged with an unknown individual in an area where drug crimes had occurred in a vehicle associated with … 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":[35],"tags":[],"class_list":["post-49995","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49995","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=49995"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49995\/revisions"}],"predecessor-version":[{"id":50000,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49995\/revisions\/50000"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49995"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49995"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49995"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}