{"id":9200,"date":"2013-08-05T06:22:23","date_gmt":"2013-08-05T06:22:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-05T06:22:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9200","title":{"rendered":"D.Kan.: Wiretap provided RS for stop"},"content":{"rendered":"

Defendant\u2019s stop was valid based on reasonable suspicion from a wiretap. The question to defendant during a patdown whether there was anything on him that the officer should know about was valid under Miranda\u2019s public safety exception. He was asking about weapons, and defendant admitted to cocaine. United States v. Gilchrist, 2013 U.S. Dist. LEXIS 108409 (D. Kan. August 1, 2013).*<\/p>\n

2255 petitioner\u2019s Terry claim was barred by his not filing a motion to suppress and then appealing it. [It was not raised as an IAC claim.] Alvardo v. United States, 2013 U.S. Dist. LEXIS 108152 (M.D. Fla. August 1, 2013).*<\/p>\n

The independent source rule supports this search because the warrant application was already done when the entry occurred, and the warrant would have been granted. United States v. Munteanu, 2013 U.S. Dist. LEXIS 108670 (E.D. N.Y. August 1, 2013).*<\/p>\n

2255 petitioner\u2019s Fourth Amendment argument, even if validly presented, would not have prevailed nor changed the outcome. United States v. Richardson, 2013 U.S. Dist. LEXIS 109101 (E.D. Va. August 2, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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