{"id":58945,"date":"2024-09-24T08:29:42","date_gmt":"2024-09-24T13:29:42","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58945"},"modified":"2024-09-24T08:29:42","modified_gmt":"2024-09-24T13:29:42","slug":"d-minn-even-if-stop-was-without-rs-eluding-police-gave-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58945","title":{"rendered":"D.Minn.: Even if stop was without RS, eluding police gave it"},"content":{"rendered":"\n<p>Even if there was no reasonable suspicion for defendant\u2019s stop, his new offense of eluding the police justified it. United States v. Denton, 2024 U.S. Dist. LEXIS 170669 (D. Minn. Sep. 23, 2024).*<\/p>\n\n\n\n<p>The affidavit for this warrant shows probable cause. It doesn\u2019t have to be enough to convict. \u201cProbable cause to issue a search warrant exists if the supporting affidavit provides facts sufficient to \u2018lead a prudent person to believe that a search of the described premises would uncover contraband or evidence of a crime.\u2019 \u2026 This requires more than a \u2018mere suspicion\u2019 but does not require evidence sufficient to convict.\u201d United States v. Radick, 2024 U.S. Dist. LEXIS 170236 (E.D. Okla. Aug. 27, 2024), adopted, 2024 U.S. Dist. LEXIS 169182 (E.D. Okla. Sep. 19, 2024).*<\/p>\n\n\n\n<p>The vehicle defendant was driving was uninsured. The officer acted reasonably in the stop because defendant was the same gender as the owner, and the car was parked at her house earlier. United States v. Russell, 2024 U.S. Dist. LEXIS 169553 (D. Mont. Sep. 19, 2024).*<\/p>\n\n\n\n<p>Defendant claims the search occurred before the warrant was issued, but on the totality of the record, it didn\u2019t. United States v. Shelton, 2024 U.S. Dist. LEXIS 170371 (D. Nev. Aug. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even if there was no reasonable suspicion for defendant\u2019s stop, his new offense of eluding the police justified it. United States v. Denton, 2024 U.S. Dist. LEXIS 170669 (D. Minn. Sep. 23, 2024).* The affidavit for this warrant shows probable &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58945\">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":[60,20,35],"tags":[],"class_list":["post-58945","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58945","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=58945"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58945\/revisions"}],"predecessor-version":[{"id":58946,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58945\/revisions\/58946"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58945"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58945"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58945"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}