{"id":5277,"date":"2011-07-10T08:27:25","date_gmt":"2011-03-13T00:14:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-12T13:06:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5277","title":{"rendered":"CA4: Defendant&#8217;s escalating nervousness coupled with another car stopping nearby and then probably calling defendant was RS"},"content":{"rendered":"<p>The officer had reasonable suspicion to stop defendant\u2019s car. Defendant saw the officer and then pulled off the interstate and parked on the off ramp, so the officer pulled up behind him. Defendant was excessively and progressively more nervous, and he said he\u2019d been to Atlanta (a source city) but didn\u2019t know how long he\u2019d been there. Meanwhile, a BMW slowed and stopped about 75 yards behind them for about two minutes. It left and then the cell phone in the car started ringing. The officer asked for consent, and defendant said that he could not give consent because it was not his car, but he would have if it was his. \u201cWhile none of these items independently amounts to a reasonable suspicion of criminal activity, blending each of these \u2018tiles\u2019 into the \u2018entire mosaic\u2019 of the totality of the circumstances, we believe Crompton had reasonable suspicion to detain Wallace while he walked the drug dog around the car.\u201d <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/displayOpinion.cfm?caseNo=4800\">State v. Wallace<\/a>, 392 S.C. 47, 707 S.E.2d 451 (2011), quoting <a href=\"http:\/\/scholar.google.com\/scholar_case?case=5560643869649973134&amp;q=849+F.2d+849&amp;hl=en&amp;as_sdt=2,4\">United States v. Whitehead<\/a>, 849 F.2d 849, 858 (4th Cir. 1988).<\/p>\n<p>Smell of burnt marijuana discovered during a traffic stop was probable cause for a search of the car. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/11\/03\/101237P.pdf\">United States v. Brown<\/a>, 634 F.3d 435 (8th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5277\">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-5277","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5277","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=5277"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5277\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5277"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}