{"id":61376,"date":"2025-06-30T09:03:52","date_gmt":"2025-06-30T14:03:52","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61376"},"modified":"2025-06-30T09:03:52","modified_gmt":"2025-06-30T14:03:52","slug":"id-flicking-a-cigarette-butt-to-the-ground-in-a-bar-parking-lot-was-not-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61376","title":{"rendered":"ID: Flicking a cigarette butt to the ground in a bar parking lot was not RS"},"content":{"rendered":"\n<p>Flicking a cigarette butt to the ground in a bar parking lot was not reasonable suspicion for a stop. <a href=\"https:\/\/isc.idaho.gov\/opinions\/51783.pdf\">State v. Popp<\/a>, 2025 Ida. LEXIS 69 (June 27, 2025).<\/p>\n\n\n\n<p>Idaho declines to impose higher standards for dog sniffs under state constitution. State v. Fletcher, 2025 Ida. LEXIS 68 (June 27, 2025).*<\/p>\n\n\n\n<p>On the whole, defendant consented to a search of the car, and being made to wait away from it wasn\u2019t inconsistent. There\u2019s also this: \u201cHere, the Court concludes that Hill walking toward the door, complying when told to sit down, and sitting silently for several minutes while the search continued was not clearly inconsistent with his consent to search and did not constitute an unequivocal withdrawal of consent. This appears to be consistent with Hill&#8217;s interpretations of his actions as well: After officers discovered the scale in his trunk, he remarked, \u2018If I thought I had anything, I wouldn&#8217;t have even gave consent, I would have made you go and get a search warrant.\u2019 \u2026 Hill validly consented to the search and did not withdraw his consent, so the search of his Impala was lawful.\u201d United States v. Hill, 2025 U.S. Dist. LEXIS 122244 (W.D. Ark. June 27, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Flicking a cigarette butt to the ground in a bar parking lot was not reasonable suspicion for a stop. State v. Popp, 2025 Ida. LEXIS 69 (June 27, 2025). Idaho declines to impose higher standards for dog sniffs under state &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=61376\">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":[24,27,35,53],"tags":[],"class_list":["post-61376","post","type-post","status-publish","format-standard","hentry","category-consent","category-dog-sniff","category-reasonable-suspicion","category-state-constitution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61376","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=61376"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61376\/revisions"}],"predecessor-version":[{"id":61377,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61376\/revisions\/61377"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61376"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}