{"id":1186,"date":"2007-10-26T16:40:45","date_gmt":"2007-07-25T08:06:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-07-25T08:06:32","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1186","title":{"rendered":"Officer had reasonable suspicion for stop, but nothing else developed, so he lacked probable cause for search"},"content":{"rendered":"<p>Defendant&#8217;s flagging down cars, including the unmarked police car, and having people jumping in and out of his car, was indicative of drug dealing. That gave the officers reasonable suspicion to stop and detain him. Nothing else, however, gave them probable cause to search. State v. Hunter, 2007 Tenn. Crim. App. LEXIS 584 (July 23, 2007):<\/p>\n<blockquote><p>According to the officer&#8217;s testimony, the defendant was pulled over for &#8220;known drug activity.&#8221; The &#8220;known drug activity,&#8221; however, amounted to the defendant sitting in his car off to the side of the street and having brief encounters with two women. The women were not observed leaving the defendant&#8217;s vehicle carrying anything, the women were not identified as known drug users, and Officer Stokes admitted that he could not see inside the defendant&#8217;s vehicle to ascertain what was going on inside. Officer Stokes also admitted that law enforcement had not received complaints about the defendant as one being involved in drug activity. Officer Stokes&#8217; observations, while sufficient to stop the defendant for further investigation, were not sufficient to make a warrantless arrest and search of the defendant and his property. Accordingly, we conclude that the trial court erred in denying the defendant&#8217;s motion to suppress the drug evidence obtained during the search of the defendant&#8217;s vehicle and dismiss the case against the defendant. <\/p><\/blockquote>\n<p>Vehicle left in an intersection where owner could not be immediately located could be towed and impounded. Inventory thereafter was lawful and not pretextual.  <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/newpdf\/12\/2007\/2007-ohio-3717.pdf\">State v. Resnick<\/a>, 2007 Ohio 3717, 2007 Ohio App. LEXIS 3400 (12th Dist. July 23, 2007).*<\/p>\n<p>Defendant&#8217;s refusal to identify himself when stopped violated Washington statute, and <em>Hiibel<\/em> forecloses his argument that he could not be convicted of that offense. The DVD of the stop was admissible despite the defense argument an inference was raised defendant was hiding something.  <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&amp;filename=250377MAJ\">State v. Stratton<\/a>, 139 Wn. App. 511, 161 P.3d 448 (2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1186\">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-1186","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1186","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1186"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1186\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1186"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}