{"id":59386,"date":"2024-11-19T16:46:18","date_gmt":"2024-11-19T21:46:18","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59386"},"modified":"2024-11-19T16:46:18","modified_gmt":"2024-11-19T21:46:18","slug":"d-mont-off-roading-during-fire-restriction-was-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59386","title":{"rendered":"D.Mont.: Off-roading during fire restriction was RS"},"content":{"rendered":"\n<p>Reasonable suspicion and a park violation: \u201cAccordingly, Sergeant Call&#8217;s 11 years of experience in Park County coupled with his knowledge of state and county law gave him reason to suspect that Mitchell was potentially engaged in criminal conduct\u2014namely, trespassing and operating a vehicle off road during stage two fire restrictions.\u201d United States v. Mitchell, 2024 U.S. Dist. LEXIS 208132 (D. Mont. Nov. 15, 2024).*<\/p>\n\n\n\n<p>The district court\u2019s finding the officer did not lean in the car before seeing the gun is supported by the record and affirmed. United States v. McDonald, 2024 U.S. App. LEXIS 29222 (3d Cir. Nov. 18, 2024).*<\/p>\n\n\n\n<p>Police entered plaintiff\u2019s home in response to a burglary call. A gun was seized for \u201csafekeeping.\u201d He sued over the entry and lost. His appellate argument about a jury instruction not properly defining the scope of permissible search is rejected as undeveloped. Burks v. Tate, 2024 U.S. App. LEXIS 29161 (7th Cir. Nov. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Reasonable suspicion and a park violation: \u201cAccordingly, Sergeant Call&#8217;s 11 years of experience in Park County coupled with his knowledge of state and county law gave him reason to suspect that Mitchell was potentially engaged in criminal conduct\u2014namely, trespassing and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59386\">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":[51,35,129],"tags":[],"class_list":["post-59386","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-reasonable-suspicion","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59386","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=59386"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59386\/revisions"}],"predecessor-version":[{"id":59387,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59386\/revisions\/59387"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59386"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59386"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}