{"id":5634,"date":"2011-12-28T18:41:46","date_gmt":"2011-06-08T07:10:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-06-08T07:10:53","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5634","title":{"rendered":"D.N.J.: Stop of defendant for talking to two men in front of a bodega was without RS"},"content":{"rendered":"<p>Defendant was seen parked in front of a bodega talking to two men through his open window in the winter, and he was stopped by the police for suspicion of a drug deal, but the men he was talking to were not stopped. The stop was without reasonable suspicion. United States v. Demings, 787 F. Supp. 2d 320 (D. N.J. 2011).*<\/p>\n<p>An unreadable paper tag was reason for a stop. \u201cThe smell of urine and feces emanating from the vehicle, and the number [15] and appearance of the passengers, provided a further basis to continue the investigation\u201d into human smuggling. United States v. Holguin, 2010 U.S. Dist. LEXIS 143152 (N.D. Ga. April 11, 2011).*<\/p>\n<p>Failure to file a motion to suppress before trial is a waiver [which the court overlooks here]. <a href=\"http:\/\/www.tncourts.gov\/sites\/default\/files\/state_of_tennessee_v_shirley_larhonda_gagne.pdf\">State v. Gagne<\/a>, 2011 Tenn. Crim. App. LEXIS 386 (May 31, 2011).*<\/p>\n<p>Prison search was reasonable. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cunpub%5C09\/09-60959.0.wpd.pdf\">Morgan v. Mississippi<\/a>, 427 Fed. Appx. 347 (5th Cir. 2011) (unpublished).*<\/p>\n<p>Defendant\u2019s consent was general to the whole house, and it was voluntary. United States v. Dooley, 2011 U.S. Dist. LEXIS 59324 (N.D. Ga. June 2, 2011).*<\/p>\n<p>The court finds the credibility question in favor of the defendant that he had a cell phone in his hand that he stuck in his waistband, not a gun, so the Terry stop was unreasonable. United States v. Howard, 787 F. Supp. 2d 330 (D. N.J. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5634\">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-5634","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5634","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=5634"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5634\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5634"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5634"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5634"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}