{"id":6799,"date":"2012-10-02T13:07:09","date_gmt":"2012-03-10T00:02:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-09T09:52:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6799","title":{"rendered":"LA3: Anonymous tip of man with gun led police to observe defendant move a rifle from one car to another; this wasn&#8217;t RS"},"content":{"rendered":"<p>The police got an anonymous and unverifiable tip that a suspicious man had a gun in a car. Finally, defendant\u2019s car is stopped parked, and officers see the defendant move a rifle from the trunk of his car to another. This was not reasonable suspicion. Numerous police officers arrived and defendant and others were held at gunpoint, on their knees, and handcuffed. Defendant was Mirandized and incriminated himself. There was no break in the causal chain for the statement. <a href=\"http:\/\/www.la3circuit.org\/NewPDF.aspx?DocumentID=Opinions\/2012\/03\/030712\/11-0953opi.pdf\">State v. Charpentier<\/a>, 86 So. 3d 86 (La. App. 3d Cir. 2012), Decided, Writ granted by, Reversed by State v. Charpentier, 85 So. 3d 129, 2012 La. LEXIS 1017 (La., Apr. 4, 2012).<\/p>\n<p>Dispatch told the officer that there was an active warrant on defendant, and the officer arrested him on the warrant and searched his person. Herring governs, and the good faith exception applies. <a href=\"http:\/\/www.lacoa2.org\/Opinions%20PDF\/47005ka.pdf\">State v. Brock<\/a>, 91 So. 3d 1003 (La. App. 2d Cir. 2012).<\/p>\n<p>Defendant had no expectation of privacy in his clothes seized from him at the jail on his arrest for a sex offense. The day after his arrest, the clothes went to forensics. What was taken from them was of such limited value in the case, it didn\u2019t matter anyway. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2012\/2012_01694.htm\">People v Woodard<\/a>, 93 A.D.3d 944, 939 N.Y.S.2d 648 (3d Dept. 2012).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6799\">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-6799","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6799","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=6799"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6799\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6799"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6799"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6799"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}