{"id":5873,"date":"2011-10-07T15:49:32","date_gmt":"2011-08-08T06:42:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-08T06:42:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5873","title":{"rendered":"TN: Officer&#8217;s knowledge defendant had been driving on a suspended license for years was PC for a stop"},"content":{"rendered":"<p>The officer was well aware of the defendant and that he had been driving on a suspended license since 2003. When he saw the defendant driving, the stop was justified. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/state_of_tennessee_v_mariet_l_patrick.pdf\">State v. Patrick<\/a>, 2011 Tenn. Crim. App. LEXIS 590 (July 28, 2011).*<\/p>\n<p>Defendant\u2019s DNA was taken by search warrant and it linked him to a murder. He never challenged the search warrant for the DNA and the search warrant is not in the record. Therefore, the argument is moot. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/state_of_tennessee_v_osayamien_ogbeiwi.pdf\">State v. Ogbeiwi<\/a>, 2011 Tenn. Crim. App. LEXIS 586 (July 29, 2011).*<\/p>\n<p>On the totality, the government showed that the consent was valid. Defendant was de facto arrested and moved from the place of the traffic stop to the residence where the search would occur, and he was told that he could consent or a search warrant could be obtained. Defendant also believed that nothing would be found because he told a confederate to get rid of the counterfeit money they were making. United States v. Carney, 2011 U.S. Dist. LEXIS 85985 (M.D. La. August 4, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5873\">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-5873","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5873","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=5873"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5873\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5873"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5873"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5873"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}