{"id":7660,"date":"2012-10-27T11:20:48","date_gmt":"2012-09-03T06:59:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-03T06:59:19","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7660","title":{"rendered":"OR: Getting defendant out of car a second time to ask about omitted arrests was &#8220;a mere conversation&#8221; and not a detention"},"content":{"rendered":"<p>Defendant was stopped for a traffic offense, and the officer found that she had a suspended DL. He asked about prior arrests, and she related some but left out prior drug arrests. The officer got back her prior arrests for drugs after she\u2019d been allowed back in the car in the passenger seat. He got her out of the car again and asked why she\u2019d lied about the prior drug  arrests, and she started to cry. He asked for consent and got it. It was all a valid consent, even though she was retrieved from the car a second time. This was characterized as \u201cmere conversation\u201d and not a part of the detention [even though it should have been apparent that the reason was to confront her and ask for consent]. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A143973.pdf\">State v. Mazzucchi<\/a>, 252 Ore. App. 122, 284 P.3d 1263 (2012).*<\/p>\n<p>Officers had reasonable suspicion for stopping defendant for an apparent drug deal in a high crime area. He\u2019d been followed, and a collection of innocent facts added up to reasonable suspicion, particularly looking to see if people were looking, an apparent drug deal in the car from somebody getting in and right out, and more. <a href=\"http:\/\/mdcourts.gov\/opinions\/cosa\/2012\/0132s12.pdf\">State v. Holt<\/a>, 206 Md. App. 539, 51 A.3d 1 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7660\">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-7660","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7660","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=7660"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7660\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7660"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7660"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7660"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}