{"id":5999,"date":"2012-02-08T06:24:52","date_gmt":"2011-09-09T09:06:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-09T09:06:53","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5999","title":{"rendered":"KS: Arrest of defendant on a vague description was without probable cause"},"content":{"rendered":"<p>Defendant was arrested by an FBI task force where he looked like the person they wanted. That person was not at the house they went to, but a black man with facial hair was seen on the street, so he was stopped at gun point. Drugs were found on defendant\u2019s person. The stop was unreasonable because: (1) his location was not related to criminal activity; (2) a task force member admitted that the identifying information was sometimes unreliable; and (3) the description of a \u201cblack man with facial hair\u201d was too general. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/SupCt\/2011\/20110902\/98812.pdf\">State v. Johnson<\/a>, 293 Kan. 1, 259 P.3d 719 (2011).*<\/p>\n<p>A stop for a civil traffic offense permits running wants or warrants and conducting a dog sniff within a reasonable time. <a href=\"http:\/\/162.114.92.72\/COA\/2010-CA-000732.pdf#xml=http:\/\/162.114.92.72\/dtsearch.asp?cmd=pdfhits&amp;DocId=22912&amp;Index=D%3a%5cInetpub%5cwwwroot%5cIndices%5cBoth%5fCourts%5fIndex&amp;HitCount=4&amp;hits=13+14+15+16+&amp;hc=4&amp;req=2010%2DCA%2D000732%2DMR\">Ward v. Commonwealth<\/a>, 345 S.W.3d 249 (Ky. App. 2011)*:<\/p>\n<blockquote><p>In fact, Officer Mahan could ask the driver for his license and registration; request that the driver and passenger exit the vehicle; request that the occupants sit in the police cruiser; ask the driver about the purpose and destination of his travel; and run a computer check to determine whether there were any outstanding warrants for the vehicle\u2019s  occupants or whether the vehicle had been reported stolen. &#8230; The officer could even conduct a dog sniff of the exterior of the vehicle during the traffic stop, as \u201cdog sniffs are not considered searches that would implicate an Appellant\u2019s Fourth Amendment rights,\u201d provided \u201cthe detention itself was otherwise [] reasonable.\u201d &#8230;<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5999\">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-5999","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5999","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=5999"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5999\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5999"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5999"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5999"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}