{"id":1366,"date":"2007-12-08T14:54:43","date_gmt":"2007-09-17T08:06:14","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-17T08:06:14","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1366","title":{"rendered":"Ordering driver from car for no apparent reason was unreasonable"},"content":{"rendered":"<p>Once the officer determined that defendant&#8217;s vehicle registration was valid and suggested he go to the DMV to straighten out a paperwork area, the stop should have ended, and the officer directed the defendant to get out of his vehicle without justification.  Only then did the officer smell alcohol on him. The trial court&#8217;s motion to suppress was validly granted. <a href=\"http:\/\/www.utcourts.gov\/opinions\/appopin\/weaver091307.pdf\">State v. Weaver<\/a>, 2007 UT App 292, 169 P.3d 760, 586 Utah Adv. Rep. 11 (2007).*<\/p>\n<p>Delay during traffic stop was caused by the passenger&#8217;s lack of ID, which the officer could ask for because of his failure to have a seatbelt on when the car was stopped. A warrant on the passenger justified a search incident of the passenger compartment under <em>Belton<\/em>. United States v. Kissell, 2007 U.S. Dist. LEXIS 68064 (D. Utah September 13, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1366\">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-1366","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1366","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=1366"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1366\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1366"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1366"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1366"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}