{"id":8887,"date":"2014-01-31T08:32:39","date_gmt":"2013-06-15T00:26:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-14T19:47:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8887","title":{"rendered":"TN: Officer stopping car out of place for neighborhood was with reasonable suspicion"},"content":{"rendered":"<p>Officers were on the lookout for a serial rapist who struck homes in wooded areas on rainy nights. On this rainy night, in a wooded neighborhood, the police encountered defendant on a report of somebody peeping in cars. Defendant was driving a Jeep that the officer had seen parked in the area an hour earlier with a warm hood. The officer got his name and license number but let him go. Later, defendant was identified as a suspect. The stop was with reasonable suspicion some crime was afoot when defendant was stopped. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/burdickrobertjasonopn_1.pdf\">State v. Burdick<\/a>, 2013 Tenn. Crim. App. LEXIS 494 (June 11, 2013).* (Another of defendant\u2019s cases from June 13, 2012 in a different county is <a href=\"http:\/\/fourthamendment.com\/blog\/index.php?blog=1&amp;title=tn_stop_of_a_vehicle_after_a_report_of_a&amp;more=1&amp;c=1&amp;tb=1&amp;pb=1\">here<\/a>.)<\/p>\n<p>The officer stopped defendant for a traffic violation and recognized him from having stopped him before and finding a gun. Defendant was looking straight ahead, wouldn\u2019t make eye contact, was sweating and breathing heavy, and was rubbing his hands on his thighs. The officer was concerned he was armed and got him out of the car for a patdown, which defendant ducked and tried to avoid. There was a take down and a gun slid out. This was all reasonable. United States v. Bong, 2013 U.S. Dist. LEXIS 82438 (D. Kan. June 12, 2013).*<\/p>\n<p>Court grants the government a hearing to overcome the USMJ\u2019s recommendation a Franks motion to suppress be granted so the record can be supplemented. United States v. Guzman-Batista, 948 F. Supp. 2d 194 (D. P.R. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8887\">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-8887","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8887","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=8887"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8887\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8887"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8887"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8887"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}