{"id":7858,"date":"2013-01-07T06:02:20","date_gmt":"2012-10-22T07:51:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-22T07:51:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7858","title":{"rendered":"Cal.6: Defendant&#8217;s detention was unreasonable; his only matching characteristic of the assailant was being the same race and in same public place a week later"},"content":{"rendered":"<p>Defendant was stopped at the San Jose light rail station around midnight for allegedly resembling one of two  Black males who were suspected of committing a sexual battery a week earlier at noon. After he provided a false ID, he was arrested and cocaine base was found. The court finds that the description of the assailants a week earlier did not match defendant, and there was no justification for his detention in the first place. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/H037287.PDF\">People v. Walker<\/a>, 210 Cal. App. 4th 165, 148 Cal. Rptr. 3d 271 (6th Dist. 2012).*<\/p>\n<p>Third party consent justified the police entry. Their view of the premises from open fields first was not unlawful. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2012\/2012-ohio-4840.pdf\">City of Mansfield v. Studer<\/a>, 2012 Ohio 4840, 2012 Ohio App. LEXIS 4242 (5th Dist. October 17, 2012).*<\/p>\n<p>The traffic stop was justified by an unsignaled lane change, and reasonable suspicion existed from defendant having been followed from a drug house. The wait for the drug dog was minimal. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=c424ced9-9dac-4db0-bb86-d10a8dd664f8\">Wilson v. State<\/a>, 318 Ga. App. 59, 733 S.E.2d 365 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7858\">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-7858","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7858","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=7858"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7858\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7858"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7858"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7858"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}