{"id":7278,"date":"2013-01-12T11:33:02","date_gmt":"2012-06-11T08:17:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-11T08:17:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7278","title":{"rendered":"D.Minn.: Dropping gun when shot at during flight was not a seizure"},"content":{"rendered":"<p>Defendant\u2019s flight from the officer who was attempting to seize him for a minor offense was a new crime to which the exclusionary rule did not apply. His dropping his gun when shot at was still abandonment under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=3128854250640310684&amp;q=hodari&amp;hl=en&amp;as_sdt=2,4\">Hodari D.<\/a> United States v. Gant, 2012 U.S. Dist. LEXIS 78853 (D. Minn. June 7, 2012), R&amp;R 2012 U.S. Dist. LEXIS 79269 (D. Minn. May 22, 2012).*<\/p>\n<p>Probable cause developed to search defendant and his companion\u2019s purse, and that provided probable cause to search the car they arrived in. The defendant admitted that the stop started with the officer quite respectfully offering assistance because they might be lost. One thing turned into another into another, and PC developed. [A new one on me: \u201cmotel drug interdiction duty\u201d in North Carolina.] <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/114452.U.pdf\">United States v. Laihben<\/a>, 482 Fed. Appx. 827 (4th Cir. 2012).*<\/p>\n<p>The stop here was not so long that the traffic stop was turned into a detention requiring reasonable suspicion. The passenger also had no standing in the vehicle. United States v. Santos, 2012 U.S. Dist. LEXIS 79252 (N.D. Ga. April 24, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7278\">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-7278","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7278","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=7278"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7278\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7278"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7278"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7278"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}