{"id":6764,"date":"2012-03-03T07:04:40","date_gmt":"2012-03-03T07:04:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-03T07:04:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6764","title":{"rendered":"W.D. Tex.: Officer&#8217;s use of &#8220;please&#8221; and normal tone of voice showed consent"},"content":{"rendered":"<p>Officer\u2019s queries with \u201cplease\u201d and normal tone of voice, all recorded during the stop of defendant at the El Paso interstate bus terminal, showed defendant\u2019s consent to a search of his person for drugs strapped to him was voluntary. The court concludes it was not an order. United States v. Trujillo, 2012 U.S. Dist. LEXIS 26580 (W.D. Tex. February 29, 2012).*<\/p>\n<p>Defendant\u2019s conduct was suspicious around a car and indicated either theft, drug dealing, or a car jacking. When the officer stopped with lights, defendant attempted to back away. All this was more than a hunch of criminal activity. United States v. Bady, 2012 U.S. Dist. LEXIS 26265 (S.D. Ill. February 29, 2012).*<\/p>\n<p>Defendant\u2019s 2255 claim that defense counsel failed to raise a racial motivation issue based on something the officer said during the stop is belied by the DVD of the stop. Defendant\u2019s plea deal to a five year max was a huge benefit, considering where he would have fallen on the guidelines if the government pursued his priors. United States v. Curry, 2012 U.S. Dist. LEXIS 25803 (D. Neb. February 29, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6764\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-6764","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6764","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=6764"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6764\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6764"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6764"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6764"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}