{"id":52661,"date":"2022-06-25T10:18:04","date_gmt":"2022-06-25T15:18:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52661"},"modified":"2022-06-25T13:47:18","modified_gmt":"2022-06-25T18:47:18","slug":"w-d-la-if-the-stop-is-too-long-for-rodriguez-the-defense-should-at-least-show-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=52661","title":{"rendered":"W.D.La.: If the stop is too long for Rodriguez<\/em> the defense should at least show it"},"content":{"rendered":"\n

If the stop is too long for Rodriguez, the defense should at least attempt to show it. \u201cBecause there is nothing set forth in the facts alleged by both parties that shows Carter’s detention was lengthy or extended beyond the original stop until the K-9 sniff-search took place, the subsequent search of the vehicle is not \u2018void\u2019 due to the length of the stop and detention. Compare United States v. Davis, 2007 WL 1125763, at *4-6 (E.D. La. 2007).\u201d So, it\u2019s not on the government to show it wasn\u2019t too long. United States v. Carter, 2022 U.S. Dist. LEXIS 111733 (W.D. La. June 2, 2022). [At least allege it in the motion to suppress.]<\/p>\n\n\n\n

Defendant\u2019s car was stopped for traffic violations at night. One of the officers involved knew that defendant was often armed, and his prior arrest of defendant was for unlawful possession of a weapon. In fact, he had two priors for that. There was reasonable suspicion for a frisk. Commonwealth v. Garner<\/a>, 2022 Mass. LEXIS 294 (June 24, 2022).*<\/p>\n\n\n\n

The tip to the probation officer did not provide reasonable suspicion for defendant\u2019s probation search. McGraw v. State<\/a>, 2022 Alas. App. LEXIS 86 (June 24, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

If the stop is too long for Rodriguez, the defense should at least attempt to show it. \u201cBecause there is nothing set forth in the facts alleged by both parties that shows Carter’s detention was lengthy or extended beyond the … 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":[58,35,63],"tags":[],"class_list":["post-52661","post","type-post","status-publish","format-standard","hentry","category-probationparole-search","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52661","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=52661"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52661\/revisions"}],"predecessor-version":[{"id":52666,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52661\/revisions\/52666"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52661"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}