{"id":14102,"date":"2014-11-11T00:34:43","date_gmt":"2014-11-11T05:34:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14102"},"modified":"2014-11-10T08:45:56","modified_gmt":"2014-11-10T13:45:56","slug":"fl4-missing-a-school-bus-doesnt-make-student-a-truant-subject-to-frisk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14102","title":{"rendered":"FL4: Missing a school bus doesn&#8217;t make student a truant subject to frisk"},"content":{"rendered":"<p>A pat frisk of a student as an alleged truant who missed a school bus an hour before the start of school was invalid because he wasn\u2019t yet a truant. Even so, what\u2019s the basis for a frisk for truancy. <a href=\"http:\/\/www.4dca.org\/opinions\/Nov.%202014\/11-05-14\/4D13-2941.op.pdf\">J.R. v. State<\/a>, 2014 Fla. App. LEXIS 17907 (Fla. 4th DCA November 5, 2014).<\/p>\n<p>Threat to obtain a warrant and kick in the door would have been entirely legal if that\u2019s what was threatened. Here, defendant was believed to have child pornography on his computer, and his wife shut the door on the officers and talked to her husband before letting the police in based on the threat. This consent was not involuntary. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/H038588.PDF\">People v. Rodriguez<\/a>, 2014 Cal. App. LEXIS 1008 (6th Dist. November 6, 2014).<\/p>\n<p>Officers of the N.H. State Police had qualified immunity for an alleged two hour detention of plaintiff state trooper at work who was having serious problems with his marriage, allegedly violated an order of protection obtained by his wife, threatened to resign although eight months from retirement, beat the wall with his fist, and other threatening behavior. <a href=\"http:\/\/www.courts.state.nh.us\/supreme\/opinions\/2014\/2014096conrad.pdf\">Conrad v. N.H. Dep&#8217;t of Safety<\/a>, 2014 N.H. LEXIS 130 (November 6, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A pat frisk of a student as an alleged truant who missed a school bus an hour before the start of school was invalid because he wasn\u2019t yet a truant. Even so, what\u2019s the basis for a frisk for truancy. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=14102\">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":[45,24,40,35],"tags":[],"class_list":["post-14102","post","type-post","status-publish","format-standard","hentry","category-45","category-consent","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14102","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=14102"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14102\/revisions"}],"predecessor-version":[{"id":14106,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14102\/revisions\/14106"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14102"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14102"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14102"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}