{"id":64810,"date":"2026-09-16T11:45:40","date_gmt":"2026-09-16T16:45:40","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64810"},"modified":"2026-09-16T11:45:59","modified_gmt":"2026-09-16T16:45:59","slug":"va-stop-at-night-in-high-crime-area-with-furtive-movements-was-reasonable-after-learning-of-defs-criminal-history","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64810","title":{"rendered":"VA: Stop at night in high-crime area with furtive movements made sweep of car reasonable after learning of def&#8217;s criminal history"},"content":{"rendered":"\n<p>The valid stop was at 1:45 am in a high crime area with furtive movements. They ordered the driver out and the passenger to stay in. The valid protective sweep of defendant\u2019s car came after the officer learned of his criminal history. Claiborne v. Commonwealth, 2026 Va. App. LEXIS 491 (Sep. 15, 2026) (with a dissent).<\/p>\n\n\n\n<p>The U.S. Coast Guard can board a stateless vessel in the Dominican Republic\u2019s Exclusive Economic Zone (&#8220;EEZ&#8221;). The delay in presentment was not unreasonable. The defendants were brought first to Gitmo and then to the Southern District of Florida. In re United States, 2026 U.S. App. LEXIS 28234 (11th Cir. Sep. 15, 2026).*<\/p>\n\n\n\n<p>\u201cThe affidavit provided probable cause to believe that Mr. Martin is a drug dealer and that the residence and storage unit were used as part of his drug trafficking activity.\u201d He was surveilled for a while before probable cause developed. Also, his Franks challenge fails. \u201cThe only alleged false statement in the affidavit he identifies was the statement that Mr. Martin had \u2018almost daily access to Target Location 2.\u2019 \u2026 True, the access code records for the storage unit could not definitively attribute the code uses to Mr. Martin, rather than A.H. or another individual. But, while the characterization of the access records may not have been ideal, the statement was not false.\u201d United States v. Martin, 2026 U.S. Dist. LEXIS 207683 (M.D. Fla. Sep. 15, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The valid stop was at 1:45 am in a high crime area with furtive movements. They ordered the driver out and the passenger to stay in. The valid protective sweep of defendant\u2019s car came after the officer learned of his &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64810\">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":[21,22],"tags":[],"class_list":["post-64810","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-protective-sweep"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64810","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=64810"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64810\/revisions"}],"predecessor-version":[{"id":64812,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64810\/revisions\/64812"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64810"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64810"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64810"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}