{"id":56568,"date":"2023-12-17T14:33:23","date_gmt":"2023-12-17T19:33:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56568"},"modified":"2023-12-17T14:33:23","modified_gmt":"2023-12-17T19:33:23","slug":"nc-where-def-drove-on-grass-approaching-4a-violating-checkpoint-there-was-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56568","title":{"rendered":"NC: Where def drove on grass approaching 4A violating checkpoint, there was RS"},"content":{"rendered":"\n<p>Because defendant\u2019s stop at a checkpoint was already with reasonable suspicion, the court does not have to decide on the constitutionality of the roadblock [that appears to have caused it]. <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=1&amp;pdf=43043\">State v. Alvarez<\/a>, 2023 N.C. LEXIS 940 (Dec. 15, 2023). The court\u2019s problem here is that defendant\u2019s bad driving occurred as he was stopping for the checkpoint. The trial court found the checkpoint violated the Fourth Amendment. The court of appeals <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&amp;pdf=40090\">affirmed<\/a> in July 2021. \u201cThe trial court did not address whether the officers had independent reasonable suspicion to stop defendant, despite having heard arguments on independent reasonable suspicion.\u201d SCOTUS will never take this despite the &#8220;fruit of the poisonous tree.&#8221;<\/p>\n\n\n\n<p>The protective sweep of plaintiff\u2019s property was reasonable because a serious crime involving him was just reported, and he was nowhere to be found. Russell v. Comstock, 2023 U.S. Dist. LEXIS 222544 (E.D. Wis. Dec. 14, 2023).*<\/p>\n\n\n\n<p>The court finds the search warrant was based on an unsupported CI and had old information. The good faith exception, however, is not briefed. Briefs due in mid-January. United States v. Price, 2023 U.S. Dist. LEXIS 222649 (N.D. Ind. Dec. 14, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Because defendant\u2019s stop at a checkpoint was already with reasonable suspicion, the court does not have to decide on the constitutionality of the roadblock [that appears to have caused it]. State v. Alvarez, 2023 N.C. LEXIS 940 (Dec. 15, 2023). &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56568\">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":[11,22,61],"tags":[],"class_list":["post-56568","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-protective-sweep","category-roadblocks"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56568","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=56568"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56568\/revisions"}],"predecessor-version":[{"id":56569,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56568\/revisions\/56569"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56568"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56568"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56568"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}