{"id":7234,"date":"2012-10-02T13:15:37","date_gmt":"2012-06-03T12:50:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-03T12:50:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7234","title":{"rendered":"CA10: Seeing known convicted felon with dead antelope in truck was RS of FIPF"},"content":{"rendered":"<p>The officer here had a first tip that defendant as a felon in possession of a firearm and a second tip that defendant had shot an antelope. The officer verified that defendant was a convicted felon. When defendant was seen with the dead antelope in his truck, that was reasonable suspicion of FIPF. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/11\/11-8078.pdf\">United States v. Whitley<\/a>, 680 F.3d 1227 (10th Cir. 2012).<\/p>\n<p>Defendant\u2019s stop for driving one block without headlights for 12 minutes before sunrise was still based on a traffic violation. His continued detention was based on suspicion he was with a prostitute in the car because, among other things, his zipper was down. Defendant\u2019s allegedly answering questions truthfully \u201care overwhelmingly outweighed by the suspicious circumstances detailed\u201d in the officer\u2019s testimony. Defendant consented to a search that produced a gun. United States v. Anderson, 2012 U.S. Dist. LEXIS 75992 (M.D. La. May 31, 2012).*<\/p>\n<p>There was probable cause for two searches. The second had a warrant. Even if the information for the second warrant was partially misleading under Franks, there was probable cause without it. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2012\/06\/01\/11-50100.pdf\">United States v. Jones<\/a>,  473 Fed. Appx. 761 (9th Cir. 2012)* [The actual opinion is not much longer than this.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7234\">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-7234","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7234","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=7234"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7234\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7234"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7234"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7234"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}