{"id":9231,"date":"2013-08-09T12:58:37","date_gmt":"2013-08-09T08:12:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-09T08:12:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9231","title":{"rendered":"D.Neb.: A reasonable but even mistaken belief may still justify a frisk"},"content":{"rendered":"<p>Defendant who was loaned a car and had the keys in his pocket had standing to challenge its search. Officers were reasonable in perceiving him as a possible threat of having a weapon on him when they frisked him, despite protestations of others that he was not a threat, even if they were reasonably mistaken in that assessment. United States v. Ray, 2013 U.S. Dist. LEXIS 111852 (D. Neb. July 15, 2013).*<\/p>\n<p>Defendant&#8217;s stop was reasonable for touching the fog line and changing lanes without signaling, and claims of pretext fail. During the stop, the small talk led to reasonable suspicion for further detention and finally consent was granted. United States v. Santillian, 2013 U.S. Dist. LEXIS 111376 (S.D. N.Y. August 6, 2013).*<\/p>\n<p>Defendant\u2019s wife had apparent authority to consent to a search of a duffle bag in the back of their car. Nothing indicated that it was his or hers. United States v. Scott, 2013 U.S. Dist. LEXIS 111790 (E.D. Tenn. August 8, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9231\">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-9231","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9231","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=9231"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9231\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9231"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}