{"id":12414,"date":"2014-07-07T01:04:12","date_gmt":"2014-07-07T06:04:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12414"},"modified":"2014-07-07T08:00:02","modified_gmt":"2014-07-07T13:00:02","slug":"e-d-ky-question-is-pc-for-a-stop-not-whether-the-defendant-actually-violated-the-law","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12414","title":{"rendered":"E.D.Ky.: Question is PC for a stop, not whether the defendant actually violated the law"},"content":{"rendered":"<p>The stop was valid. \u201cWhether Flores actually violated the law is immaterial. The question is only whether Deputy Broce had probable cause to suspect that Flores was committing a traffic violation.\u201d The officer could ask defendant to produce what created the large bulge in his pocket, which was $6,000 in cash. United States v. Flores, 2014 U.S. Dist. LEXIS 89825 (E.D. Ky. July 2, 2014).*<\/p>\n<p>Defendant was in an auto parts store and the clerk reported him as a possible DUI when he left. An officer encountered him and observed bad driving and stopped him. While <a href=\"http:\/\/www.supremecourt.gov\/opinions\/13pdf\/12-9490_3fb4.pdf\">Navarrette<\/a> came down after this case was briefed, it doesn\u2019t affect the outcome because here there was corroboration. <a href=\"http:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/26812.pdf\">State v. Burkett<\/a>, 2014 SD 38, 2014 S.D. LEXIS 56 (June 25, 2014).*<\/p>\n<p>A juvenile wearing baggy pants and looking at a police car is not reasonable suspicion. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/1\/2014\/2014-ohio-2846.pdf\">In re M.P.<\/a>, 2014-Ohio-2846, 2014 Ohio App. LEXIS 2863 (1st Dist. June 30, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The stop was valid. \u201cWhether Flores actually violated the law is immaterial. The question is only whether Deputy Broce had probable cause to suspect that Flores was committing a traffic violation.\u201d The officer could ask defendant to produce what created &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12414\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,35],"tags":[],"class_list":["post-12414","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12414","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12414"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12414\/revisions"}],"predecessor-version":[{"id":12435,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12414\/revisions\/12435"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}