{"id":59908,"date":"2025-01-20T15:01:48","date_gmt":"2025-01-20T20:01:48","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59908"},"modified":"2025-01-20T15:52:44","modified_gmt":"2025-01-20T20:52:44","slug":"d-minn-the-fact-a-gun-wasnt-found-in-defs-car-doesnt-mean-there-wasnt-pc-to-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59908","title":{"rendered":"D.Minn.: The fact a gun wasn&#8217;t found in def&#8217;s car doesn&#8217;t mean there wasn&#8217;t PC to search"},"content":{"rendered":"\n<p>\u201cDefendant&#8217;s flight from law enforcement is, however, not the only basis to support the existence of probable cause to believe that evidence of a crime or contraband would be found in the Jeep. The probable cause to search the Jeep is also bolstered by Sgt. Tibbetts&#8217; mistaken but reasonable belief based on the Defendant&#8217;s own gestures that he had a firearm. The fact that no firearm was recovered from the Jeep or Defendant&#8217;s person does not alter the fact of Sgt. Tibbetts&#8217; objective reasonable belief that Defendant possessed a firearm supports probable cause that a firearm could be recovered in a search of the Jeep.\u201d United States v. Holbdy, 2024 U.S. Dist. LEXIS 237346 (D. Minn. Dec. 9, 2024),* adopted, 2025 U.S. Dist. LEXIS 6760 (D. Minn. Jan. 14, 2025).*<\/p>\n\n\n\n<p>A motion to suppress filed but never presented to the trial court for resolution is waived. Young v. State, 2025 Ark. App. 13 (Jan. 15, 2025).*<\/p>\n\n\n\n<p>Defendant has the burden of showing a Gerstein\/Riverside violation. There\u2019s no evidence that the process was slow walked to prejudice him. In addition, the police are free to continue investigating after the arrest [and should]. State v. Worley, 2025 Tenn. Crim. App. LEXIS 22 (Jan. 15, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDefendant&#8217;s flight from law enforcement is, however, not the only basis to support the existence of probable cause to believe that evidence of a crime or contraband would be found in the Jeep. The probable cause to search the Jeep &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59908\">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":[50,36,129],"tags":[],"class_list":["post-59908","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-automobile-exception","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59908","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=59908"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59908\/revisions"}],"predecessor-version":[{"id":59918,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59908\/revisions\/59918"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59908"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59908"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59908"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}