{"id":6556,"date":"2012-04-03T16:36:03","date_gmt":"2012-01-18T00:10:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-17T12:11:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6556","title":{"rendered":"NH: School search of student leaving school was without RS"},"content":{"rendered":"

A school policy to search students for contraband who left assigned areas during the day was without reasonable suspicion under the N.H. Constitution. Also, he was leaving school for the day, and they ordered him back and told him he was going to be searched when he produced marijuana. In re Anthony F.<\/a>, 163 N.H. 163, 37 A.3d 429 (2012).<\/p>\n

An officer at an immigration checkpoint does not need reasonable suspicion to refer a person stopped for secondary inspection. Defendant consented to a search of the car and handed keys to the trunk to the officer. A dog had alerted to the car. Defendant couldn\u2019t answer fundamental questions about where they were coming from. United States v. Wilson, 2012 U.S. Dist. LEXIS 4609 (D. Ariz. January 12, 2012),* R&R 2011 U.S. Dist. LEXIS 151532 (D. Ariz. November 18, 2011).*<\/p>\n

The trial court did not err in denying a motion to suppress evidence in a drug case, where the initial encounter between the defendant and law enforcement personnel was entirely consensual. The officer had a reasonable articulable basis sufficient to detain him while attempting to gather information to dispel or confirm his suspicions. The consensual search of defendant’s person and his vehicle were not, therefore, fruits of an unlawful seizure under the Fourth Amendment. \u201cBegley’s request to see his driver’s license was no more than a request, and Branham’s compliance was voluntary and not coerced.\u201d Branham v. Commonwealth<\/a>, 283 Va. 273, 720 S.E.2d 74 (2012)* [Note: These guys really think that an officer’s request for a driver’s license can be refused?]<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-6556","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6556","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=6556"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6556\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6556"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6556"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6556"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}