{"id":8387,"date":"2013-05-19T22:01:11","date_gmt":"2013-02-18T09:00:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-18T09:00:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8387","title":{"rendered":"FL5: Defendant not entitled to be Mirandized before consent to search his person was sought during a traffic stop"},"content":{"rendered":"

Defendant was not entitled to be Mirandized before consent to search his person was sought during a traffic stop. State v. Thomas<\/a>, 109 So. 3d 814 (Fla. 5th DCA 2013).*<\/p>\n

Defendant was detained for consuming alcohol in public. His admission he was armed justified a patfrisk for the gun because the officers were unfamiliar with him and whether he would do something unpredictable. Commonwealth v. Jones<\/a>, 83 Mass. App. Ct. 296, 983 N.E.2d 253 (2013).<\/p>\n

The government\u2019s affidavit that they had information defendant was a felon in possession on supervision justified the search of his house for the gun. Defendant doesn\u2019t even get a hearing; motion to suppress denied. United States v. Patterson, 2013 U.S. Dist. LEXIS 21203 (S.D. N.Y. February 14, 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-8387","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8387","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=8387"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8387\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8387"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}