{"id":5179,"date":"2011-02-17T08:24:57","date_gmt":"2011-02-10T10:17:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-10T10:17:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5179","title":{"rendered":"E.D.Pa.: NCIC report of fugitive associated with car valid basis for stop"},"content":{"rendered":"<p>NCIC report that car was associated with a fugitive was sufficient basis for stop. &#8220;The NCIC report indicated that the Cadillac was associated with a wanted fugitive, providing probable cause to believe that the car contained either evidence related to the alleged rape-robbery or evidence of the fugitive&#8217;s whereabouts in the event that Pace turned out not to be the wanted man.&#8221; Court does not reach standing and suggests that he might still have had standing because he was a short term borrower of the car. United States v. Pace, 2010 U.S. Dist. LEXIS 141131 (E.D. Pa. February 8, 2010).*<\/p>\n<p>The officers here lacked reasonable suspicion for defendant\u2019s stop in a high crime area because he was carrying a beer can and was walking, maybe a little faster, toward his house and ignored the police when they called to him as he tried to enter his house. A request for ID without RS is not obstruction rising to the level of probable cause. United States v. Millner, 2011 U.S. Dist. LEXIS 12111 (N.D. Ohio February 7, 2011).*<\/p>\n<p>CI was credible because, before the search warrant was sought, a large quantity of marijuana was seized where he said it would be. United States v. Griesbeck, 2011 U.S. Dist. LEXIS 12046 (E.D. Mich. February 8, 2011).*<\/p>\n<p>Trucks [even though this was merely a box truck] are a heavy regulated industry, so it was proper to stop the defendant\u2019s truck and check his papers. It turned out he was a previously deported person here illegally. The stop was valid. \u201cIn conclusion, KRS \u00a7 281.755, taken as a whole, places adequate limits on the discretion of inspecting officers. It thus passes each of Burger\u2019s three prongs. Accordingly, the Court finds that KRS \u00a7 281.755 is a constitutional statute permitting the warrantless administrative inspection of commercial vehicles.\u201d United States v. Galvan, 2011 U.S. Dist. LEXIS 11841 (E.D. Ky. February 7, 2011)* [Note: Since when is a mere box truck heavily regulated? This is not an interstate commerce carrier.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5179\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5179","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5179","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5179"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5179\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5179"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5179"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5179"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}