{"id":8277,"date":"2013-04-30T18:40:21","date_gmt":"2013-01-25T12:11:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-01-25T12:11:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8277","title":{"rendered":"IN: Photographs of defendant’s car didn’t objectively support state’s justification for window tint stop"},"content":{"rendered":"

The court of appeals looks at the photographs of defendant\u2019s car and concludes the window tint justification for the stop was objectively unreasonable, and the motion to suppress should have been granted. Sanders v. State<\/a>, 981 N.E.2d 616 (Ind. App. 2013).*<\/p>\n

Defendant was arrested for OWI, but the officer knew defendant and that he was a suspect in several burglaries. On this record, there was a fair probability defendant had evidence of burglaries in the car. Thus, Gant was no impediment to searching the trunk. State v. Lefler<\/a>, 2013 WI App 22, 346 Wis. 2d 220, 827 N.W.2d 650 (2013).*<\/p>\n

Defendant was carrying a gun in his waistband at a racetrack. Security there was provided by private security and sheriff\u2019s deputies. A tipster told a security officer that defendant had a gun, and defendant was near a bathroom near a large crowd including children. \u201cMr. Johnson walked by Mayes and intentionally gave him a \u2018shoulder bump,\u2019 allowing him to feel a gun in Mayes\u2019s front waistband. Based on his experience searching for weapons at night clubs, Mr. Johnson felt what he believed to be an automatic. He proceeded to move Mayes away from the bathroom, search him, secure the loaded gun, and place Mayes in handcuffs.\u201d Defendant was taken to a sheriff\u2019s deputy and turned over. He was a felon in possession, and this was purely a private search. United States v. Mayes, 2013 U.S. Dist. LEXIS 9471 (D. S.C. January 24, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-8277","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8277","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=8277"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8277\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8277"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}