{"id":6778,"date":"2012-05-01T09:38:07","date_gmt":"2012-03-05T00:43:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-04T17:37:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6778","title":{"rendered":"KS: Officer’s actions in delaying search for “officer safety” belied that justification"},"content":{"rendered":"

Officers responded to an alleged burglary call, but they found that a tenant was removing stuff, and there was no burglary. Defendant asked to get a cigarette, and the officer said no because of \u201cofficer safety,\u201d but she reached into her purse and pulled out a cigarette pack which the officer took away from her and laid it down. After awhile the officer looked in the cigarette pack and found a glass pipe, so he then searched her purse. The search of the cigarette package could not be justified for officer safety which, the officer said, was based on his experience with prostitutes and drug addicts having sharp objects in there, which this case wasn\u2019t. Also, his casual after-the-fact search of the cigarette package belied the \u201cofficer safety\u201d rationale. Finally, the state\u2019s failure to raise an expectation of privacy argument in the trial court is a waiver on appeal [not that it would have worked anyway]. State v. Johnson<\/a>, 293 Kan. 959, 270 P.3d 1135 (2012).<\/p>\n

Officers approached an already parked car, and they did not need reasonable suspicion to do that. When defendant got out of the car and reached for his pocket, officers were justified in a patdown because of information from an informant. State v. Ray<\/a>, 2012 Ohio 840, 2012 Ohio App. LEXIS 733 (2d Dist. March 2, 2012).*<\/p>\n

Plaintiff was \u201cconfined\u201d when she was strip and body cavity searched, so the state one year limitations applied, and this suit was not timely. Bing v. Haywood<\/a>, 283 Va. 381, 2012 Va. LEXIS 40 (March 2, 2012).*<\/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-6778","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6778","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=6778"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6778\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6778"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6778"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6778"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}