{"id":7327,"date":"2013-12-24T06:43:31","date_gmt":"2012-06-22T09:25:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-22T09:25:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7327","title":{"rendered":"AR: Where arrest was within territorial jurisdiction, the fact the breath test was outside jurisdiction isn&#8217;t a ground to suppress"},"content":{"rendered":"<p>The arrest was within the officer\u2019s jurisdiction, but a breathalyzer administered outside of the officer\u2019s jurisdiction was not a Fourth Amendment violation. <a href=\"http:\/\/opinions.aoc.arkansas.gov\/WebLink8\/0\/doc\/305703\/Electronic.aspx\">Pickering v. State<\/a>, 2012 Ark. 280, 412 S.W.3d 143 (2012).*<\/p>\n<p>Defendant apparently was snitched off to the police by his own passenger that he was wanted on a warrant. The officer ran the defendant\u2019s name and found the warrant. That was a sufficient basis for a stop. The CI\u2019s reliability, if it\u2019s even an issue, was established by finding the warrant or was mooted by the warrant. United States v. Beals, 2012 U.S. Dist. LEXIS 84919 (E.D. Cal. June 19, 2012).*<\/p>\n<p>On de novo review, the officer\u2019s version is more credible, even though he admitted he was in the gang unit conducting a traffic stop and \u201cwas not well-versed in the traffic code.\u201d United States v. Shipp, 2012 U.S. Dist. LEXIS 85924 (E.D. Wis.  June 21, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7327\">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-7327","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7327","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=7327"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7327\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7327"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7327"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7327"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}