{"id":12932,"date":"2014-08-15T09:51:43","date_gmt":"2014-08-15T14:51:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12932"},"modified":"2014-08-22T15:35:39","modified_gmt":"2014-08-22T20:35:39","slug":"wa-911-call-wasnt-reliable-enough-for-a-stop-there-was-reason-to-question-its-veracity","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12932","title":{"rendered":"WA: 911 call wasn&#8217;t reliable enough for a stop; there was reason to question its veracity"},"content":{"rendered":"<p>Conviction for unlawful possession of a firearm was subject to reversal because police officers had good reasons to question the reliability of the 911 call, any suspicion of an exigent circumstance had dissipated by the time police officers inquired whether defendant had a shotgun in his house, and defendant&#8217;s admission that he had a shotgun in his home and his consent to police to retrieve the shotgun were beyond the scope of a valid Terry stop. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/698524.pdf\">State v. Saggers<\/a>, 2014 Wash. App. LEXIS 1949 (August 11, 2014). <strong>Comment:<\/strong> So, resistance to the breadth of <a href=\"http:\/\/www.supremecourt.gov\/opinions\/13pdf\/12-9490_3fb4.pdf\">Navarette<\/a>?<\/p>\n<p>The question of whether defendant\u2019s backpack became seized during a struggle with a police officer when it became caught on the officer\u2019s legs was not presented to the district court and it\u2019s deemed waived. The struggle itself was not a submission to the officer\u2019s attempt to detain him. A brief seizure did occur, but defendant broke free and they fell down the stairs of the train\u2019s upper deck where all this took place. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/this_week\/pdf\/13-2211.pdf\">United States v. Beamon<\/a>, 2014 U.S. App. LEXIS 15495 (10th Cir. August 13, 2014).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Conviction for unlawful possession of a firearm was subject to reversal because police officers had good reasons to question the reliability of the 911 call, any suspicion of an exigent circumstance had dissipated by the time police officers inquired whether &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12932\">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":[44,35],"tags":[],"class_list":["post-12932","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12932","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=12932"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12932\/revisions"}],"predecessor-version":[{"id":13018,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12932\/revisions\/13018"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12932"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12932"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12932"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}