{"id":55545,"date":"2023-08-07T06:45:04","date_gmt":"2023-08-07T11:45:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55545"},"modified":"2023-08-07T06:45:04","modified_gmt":"2023-08-07T11:45:04","slug":"oh1-rs-went-stale-by-the-time-def-was-seen-again-days-later","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55545","title":{"rendered":"OH1: RS went stale by the time def was seen again days later"},"content":{"rendered":"\n<p>There was no reasonable suspicion for defendant\u2019s stop days after he was seen on the street. \u201cPerhaps if the officers had stopped J.T. and his red-sweatshirt-wearing companion nearby the church immediately after the shooting, the totality of the circumstances could have supported reasonable suspicion for the stop.\u201d What are the chances the same gun would be on him days later when he was seen again? <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/1\/2023\/2023-Ohio-2695.pdf\">In re J.T.<\/a>, 2023-Ohio-2695, 2023 Ohio App. LEXIS 2672 (1st Dist. Aug. 4, 2023).<\/p>\n\n\n\n<p>When there are multiple residences of the defendant to be searched, nexus must be shown as to each. Here, the affidavit failed to show nexus to a hotel room he\u2019d moved to. Commonwealth v. Lewis, 2023 Mass. App. LEXIS 105 (Aug. 3, 2023).*<\/p>\n\n\n\n<p>The affidavit says people come to defendant\u2019s house empty handed and leave holding plastic bags. This, coupled with other facts, provided a reasonable basis to find probable cause. In addition, the warrant was relied upon in good faith. United States v. Barnes, 2023 U.S. Dist. LEXIS 135709 (D.Del. Aug. 4, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was no reasonable suspicion for defendant\u2019s stop days after he was seen on the street. \u201cPerhaps if the officers had stopped J.T. and his red-sweatshirt-wearing companion nearby the church immediately after the shooting, the totality of the circumstances could &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55545\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[38,20,35,8],"tags":[],"class_list":["post-55545","post","type-post","status-publish","format-standard","hentry","category-nexus","category-probable-cause","category-reasonable-suspicion","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55545","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=55545"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55545\/revisions"}],"predecessor-version":[{"id":55546,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55545\/revisions\/55546"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55545"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55545"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55545"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}