{"id":59201,"date":"2024-10-26T13:34:01","date_gmt":"2024-10-26T18:34:01","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59201"},"modified":"2024-10-26T13:34:01","modified_gmt":"2024-10-26T18:34:01","slug":"s-d-ill-merely-possessing-a-firearm-in-a-high-crime-area-is-not-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59201","title":{"rendered":"S.D.Ill.: Merely possessing a firearm in a high crime area is not RS"},"content":{"rendered":"\n<p>The officer putting a gun to defendant\u2019s head while he was in line at a convenience store was an arrest. Just having a gun on you in Illinois is no longer a crime. \u201cBut there was no swiftly developing situation here. The only facts known to Morgan was that Williams was a Black man with a gun in his hoodie pocket in an area where crime had occurred in the past. In other words, at the moment Morgan put his gun on the back of Williams&#8217;s head, he lacked probable cause to arrest him.\u201d United States v. Williams, 2024 U.S. Dist. LEXIS 193869 (S.D. Ill. Oct. 24, 2024).<\/p>\n\n\n\n<p>\u201cAgent Anderson&#8217;s affidavit cited information from a variety of sources, including confidential informants, Facebook messages, and GPS data. Those sources each offered evidence&#8211;oftentimes corroborating evidence&#8211;supporting the Magistrate Judge&#8217;s finding of probable cause. The corroborating evidence of criminal activity was significant, particularly with respect to the organization&#8217;s pattern of purchasing drugs in Connecticut and selling them in Vermont, with proceeds then held by Defendant.\u201d Also, the warrant was not stale. United States v. Barbosa, 2024 U.S. Dist. LEXIS 193490 (D. Vt. Oct. 24, 2024).*<\/p>\n\n\n\n<p>The \u201cloud\u201d smell of marijuana coming from defendant\u2019s car was probable cause for a search. The delay in the search was because the officer was waiting for backup. United States v. Brown, 2024 U.S. App. LEXIS 26959 (6th Cir. Oct. 23, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer putting a gun to defendant\u2019s head while he was in line at a convenience store was an arrest. Just having a gun on you in Illinois is no longer a crime. \u201cBut there was no swiftly developing situation &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59201\">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":[51,20],"tags":[],"class_list":["post-59201","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59201","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=59201"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59201\/revisions"}],"predecessor-version":[{"id":59202,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59201\/revisions\/59202"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59201"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59201"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59201"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}