{"id":8477,"date":"2013-07-31T09:06:12","date_gmt":"2013-03-11T04:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-10T23:15:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8477","title":{"rendered":"CA11: Search of car for \u201cbe[ing] up to no good\u201d wasn\u2019t good enough"},"content":{"rendered":"<p>The officers\u2019 qualified immunity claim was properly denied by the district court. There was no arguable probable cause for plaintiff\u2019s arrest for any of the misdemeanors they charged her with, and the search of her car because she didn\u2019t produce her ID fast enough and she must \u201cbe up to no good\u201d wasn\u2019t good enough. No articulable basis for the search. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201211118.pdf\">Petithomme v. County of Miami-Dade<\/a>, 511 Fed. Appx. 966 (11th Cir. 2013).*<\/p>\n<p>Defendant was in a vehicle with others. None of them owned the vehicle, and standing was never mentioned. The driver could not be convicted of possession of a cocaine derivative in the car cupholder since there was nothing linking him to it (no fingerprints, no touching it). He was seen rummaging around in the area during the stop, but nothing about the cupholder. <a href=\"http:\/\/www.2dca.org\/opinions\/Opinion_Pages\/Opinion_Pages_2013\/March\/March%2008,%202013\/2D11-4739.pdf\">Rangel v. State<\/a>, 110 So. 3d 41 (Fla. 2d DCA 2013).*<\/p>\n<p>Defendant\u2019s stop was justified for signaling a turn and then not turning. United States v. Azpeitia, 2013 U.S. Dist. LEXIS 32682 (D. Utah March 6, 2013).*<\/p>\n<p>Defendant was stopped for a traffic offense, and, as he pulled to a stop, he put something in the center console. At the window, the officer could smell marijuana coming out of the car, and that was probable cause for the automobile exception. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/pruittopn3.pdf\">State v. Pruitt<\/a>, 2013 Tenn. Crim. App. LEXIS 202 (March 6, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8477\">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-8477","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8477","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=8477"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8477\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8477"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}