{"id":8969,"date":"2013-08-29T14:11:12","date_gmt":"2013-06-29T06:13:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-29T06:13:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8969","title":{"rendered":"D.Ariz.: Stop for felon in possession suppressed for lack of RS defendant obtained it himself"},"content":{"rendered":"<p>Defendant was arrested for being a felon in possession of ammunition because his wife consulted with him on what gun to buy from a store and obtaining ammunition for it. There was nothing suspicious about her purchase of the firearm and officers had no knowledge defendant was a felon before the stop. The stop is suppressed. United States v. Siqueiros, 2013 U.S. Dist. LEXIS 90532 (D. Ariz. May 17, 2013).*<\/p>\n<p>Defendant claimed he was \u201csandbagged\u201d by the state raising lack of standing at the close of the evidentiary hearing, but the defense made a conscious choice on standing, likely because it couldn\u2019t prevail, and didn\u2019t put any evidence or argument on. [Surely if the defense had something it could have gotten leave to reopen and put it on.] And, the officers had probable cause because defendant matched the description of a wanted man, dumped his bicycle and fled, and his companion, when asked his name, said \u201cB,\u201d the street name of the man they were looking for. <a href=\"http:\/\/mdcourts.gov\/opinions\/cosa\/2013\/0750s11.pdf\">Moulden v. State<\/a>, 212 Md. App. 331, 69 A.3d 36 (2013).*<\/p>\n<p>Defendant was validly arrested and then consented to a search of his vehicle because it was being towed after he volunteered he had a gun in the car. United States v. Williams, 2013 U.S. Dist. LEXIS 90500 (E.D. Mo. June 11, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8969\">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-8969","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8969","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=8969"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8969\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8969"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8969"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8969"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}