{"id":6014,"date":"2011-09-12T06:00:18","date_gmt":"2011-09-12T00:29:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-11T15:36:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6014","title":{"rendered":"IA: Video of defendant’s driving did not support cause for stop"},"content":{"rendered":"

The officer stopped defendant on suspicion of DUI for seriously weaving and almost going into the ditch. However, the two minute video of defendant\u2019s driving in evidence did not show defendant crossing any lines or almost going into the ditch, and that\u2019s all the evidence the court had, so the stop was without reasonable suspicion. State v. Dexter<\/a>, 2011 Iowa App. LEXIS 915 (September 8, 2011)*:<\/p>\n

In our case we have nothing more than the videotape of Dexter’s driving to supply reasonable suspicion. Without the officer’s testimony to provide context, we are unable to draw inferences from the early morning hour or the other conditions present at the time of the stop. Based solely on the videotape, we find the intra-lane weaving, without more, insufficient to raise reasonable suspicion.\n<\/p><\/blockquote>\n

Defendant was a high school senior accused of sex with a minor. The school issued a planner to all students which they all were to keep. He left his in the library visible to all when he went to the bathroom. On the cover was a marker drawing of a penis and testicles which the librarian found objectionable in public. It was confiscated. Inside was a list of girls and apparently the name of the girl he was accused of having sex with was on the list. The planner was not illegally seized and searched under T.L.O. State v. Benjegerdes<\/a>, 2011 Iowa App. LEXIS 883 (September 8, 2011).*<\/p>\n

Defendant\u2019s stop was justified for failing to signal, and that led to a DUI arrest. State v. Whitson<\/a>, 2011 Iowa App. LEXIS 895 (September 8, 2011).*<\/p>\n

Defendant was a house guest of another and he validly consented to a search of the premises, which was used against him at trial. His defense that he could not consent as to himself was rejected. State v. Bennett<\/a>, 2011 Iowa App. LEXIS 887 (September 8, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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