{"id":58712,"date":"2024-08-24T09:19:09","date_gmt":"2024-08-24T14:19:09","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58712"},"modified":"2024-08-24T10:26:25","modified_gmt":"2024-08-24T15:26:25","slug":"fl6-officer-does-not-have-to-decide-potential-defenses-to-a-traffic-stop-before-letting-motorist-go","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58712","title":{"rendered":"FL6: Officer does not have to decide potential defenses to a traffic stop before letting motorist go"},"content":{"rendered":"\n

\u201cIn similar fashion, the officer in our case did not need to first reach a state of \u2018absolute certitude\u2019 before forming a probable cause belief that careless driving had occurred. While there were numerous possibilities that could have presented a complete defense to careless driving, it was not the responsibility of the patrol officer to rule those out before making the stop. His observations were enough to create a reasonable belief that Crume’s actions had endangered life or property. For these reasons, we reverse the suppression order and remand for further proceedings.\u201d State v. Crume<\/a>, 2024 Fla. App. LEXIS 6529 (Fla. 6th DCA Aug. 21, 2024).<\/p>\n\n\n\n

2255 petitioner\u2019s claim defense counsel was ineffective for not adequately arguing the motion to suppress is rejected as conclusory. Duncan v. United States, 2024 U.S. App. LEXIS 21004 (6th Cir. Aug. 19, 2024).*<\/p>\n\n\n\n

A car police that had been seen recklessly driving before was seen idling in a parking lot known for drug trade had a fictitious plate. That was reasonable suspicion for a stop. State v. Tate, 2024 La. LEXIS 1140 (Aug. 20, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cIn similar fashion, the officer in our case did not need to first reach a state of \u2018absolute certitude\u2019 before forming a probable cause belief that careless driving had occurred. While there were numerous possibilities that could have presented a … 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":[104,20,35],"tags":[],"class_list":["post-58712","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58712","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=58712"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58712\/revisions"}],"predecessor-version":[{"id":58714,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58712\/revisions\/58714"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58712"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}