{"id":6646,"date":"2012-05-01T09:51:21","date_gmt":"2012-02-07T08:47:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-07T08:47:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6646","title":{"rendered":"ID: This motorist was free to ignore the officer’s tapping on his window; he consented to a stop"},"content":{"rendered":"

Defendant was convicted of felony DUI. An officer came up to defendant\u2019s parked car and tapped on the window. Defendant was free to ignore it. State v. Randle<\/a>, 2012 Ida. App. LEXIS 11 (February 6, 2012). [I still don\u2019t buy this utter fiction. People who ignore police \u201ccommands\u201d or even suggestions do it at their peril, and most of them know it. Only the truly street smart would walk away. Probably what\u2019s more laughable is watching the DA and the LEO argue to the court that he was free to ignore it all to justify the stop. In my jurisdiction, and most of them, you’d be arrested for driving off. I\u2019m representing a guy Tasered in the back three times for not responding fast enough to what was supposedly a \u201cconsensual encounter.\u201d]<\/p>\n

Defendant was stopped for DUI3 based on his making a wide right turn in violation of statute. Because the officer\u2019s interpretation of the statute was reasonable, the stop was based on reasonable suspicion. State v. Dahl<\/a>, 2012 SD 8, 809 N.W.2d 844 (2012).*<\/p>\n

While proximity to a possible crime is not enough to search, the officers here knew more, and that justified the stop of defendant\u2019s vehicle. United States v. Landeros-Sandovar, 2011 U.S. Dist. LEXIS 152784 (W.D. Ky. October 28, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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