{"id":12746,"date":"2014-07-29T09:26:43","date_gmt":"2014-07-29T14:26:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12746"},"modified":"2014-07-29T09:26:43","modified_gmt":"2014-07-29T14:26:43","slug":"cal1-order-to-sit-on-curb-and-police-dominated-atmosphere-made-consent-invalid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12746","title":{"rendered":"Cal1: Order to sit on curb and police dominated atmosphere made consent invalid"},"content":{"rendered":"<p>Defendant was unlawfully detained when he gave consent to search a backpack. The officer involved often casually talked to people on his beat. When he encountered defendant, he struck up a conversation but finally told him to have a seat on the curb. He asked about his backpack. Other officers showed up, and the questioning got more intrusive. A person in defendant\u2019s position would not have felt free to leave, so it was an unreasonable detention without any cause. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/A139869.PDF\">In re J.G.<\/a>, 2014 Cal. App. LEXIS 673 (1st Dist. July 25, 2014).<\/p>\n<p>Two probation and parole searches were valid. <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=209240\">State v. Gillis<\/a>, 2014 Del. Super. LEXIS 366 (July 24, 2014).*<\/p>\n<p>The smell of raw marijuana in a vehicle is enough to justify a patdown of the driver. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/07281402tac.pdf\">Bell v. State<\/a>, 2014 Ind. App. LEXIS 356 (July 28, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was unlawfully detained when he gave consent to search a backpack. The officer involved often casually talked to people on his beat. When he encountered defendant, he struck up a conversation but finally told him to have a seat &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12746\">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":[24,58,35],"tags":[],"class_list":["post-12746","post","type-post","status-publish","format-standard","hentry","category-consent","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12746","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=12746"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12746\/revisions"}],"predecessor-version":[{"id":12747,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12746\/revisions\/12747"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12746"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12746"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12746"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}