{"id":7980,"date":"2013-05-19T10:56:37","date_gmt":"2012-11-19T00:13:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-11-18T09:44:41","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7980","title":{"rendered":"NY4: Placing defendant unhandcuffed in a police car who left a house as SW arrived was not an arrest"},"content":{"rendered":"<p>\u201cWe conclude that defendant&#8217;s detention at the scene of the traffic stop was lawful and did not constitute a de facto arrest. Defendant was placed in the back seat of a patrol vehicle without handcuffs after the police observed him leaving a residence subject to a search warrant, and they observed his furtive movements and those of the driver.\u201d <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2012\/2012_07801.htm\">People v. Binion<\/a>, 2012 NY Slip Op 7801, 100 A.D.3d 1514, 954 N.Y.S.2d 369 (4th Dept. 2012).<\/p>\n<p>Defendant was handcuffed when he was stopped for five minutes until he attempted to flee. That was not an arrest and the time was not unreasonable.<a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/115078.U.pdf\"> United States v. Lesane<\/a>, 498 Fed. Appx. 363 (4th Cir. 2012).<\/p>\n<p>Defendant drove down a street with police cars not lit up because they just arrived to an unknown problem. His car wouldn\u2019t fit through the cars already there and the officer yelled at him to stop. The officer tapped on the window, and defendant rolled it down, and the officer could smell alcohol. That justified the stop. <a href=\"http:\/\/opinions.aoc.arkansas.gov\/WebLink8\/0\/doc\/309757\/Electronic.aspx\">Ward v. State<\/a>, 2012 Ark. App. 649, 2012 Ark. App. LEXIS 768 (November 14, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7980\">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-7980","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7980","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=7980"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7980\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7980"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7980"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7980"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}