{"id":16899,"date":"2015-04-22T08:03:06","date_gmt":"2015-04-22T13:03:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16899"},"modified":"2015-04-22T08:52:57","modified_gmt":"2015-04-22T13:52:57","slug":"ca11-maybe-the-first-rodriguez-casualty-and-decided-the-same-day","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16899","title":{"rendered":"CA11: Maybe the first Rodriguez casualty and decided the same day"},"content":{"rendered":"<p>This case decided the same day as <a href=\"http:\/\/www.supremecourt.gov\/opinions\/14pdf\/13-9972_p8k0.pdf\">Rodriguez<\/a> should be now be reversed. In this cryptic opinion, a traffic stop appears to have led to the use of a drug dog for no apparent reason, and the dog alerted. No indication of why the drug dog was used, and the whole stop was 14 minutes. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201412132.pdf\">United States v. Anthony<\/a>, 2015 U.S. App. LEXIS 6558 (11th Cir. April 21, 2015).<\/p>\n<p>Two points:<\/p>\n<p>First, this case is also emblematic of the total disregard of the Fourth Amendment courts give cars. And I confess to that thinking when puzzling through it as an assistant prosecutor in the 70&#8217;s. The police sure did, even then. But, a car is not a moving target subject to search on a whim, and Rodriguez makes that point for sure; finally.<\/p>\n<p>Second, when the same issue is pending before SCOTUS, why do courts even bother to rule? Or are they not paying attention? They don&#8217;t always keep up with what&#8217;s pending when they have their own work to worry about. That&#8217;s a lawyers&#8217; and judges&#8217; problem. One problem is, however, that SCOTUS can grant cert and decide a case within the time some circuit&#8217;s briefs are filed and a case decided.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This case decided the same day as Rodriguez should be now be reversed. In this cryptic opinion, a traffic stop appears to have led to the use of a drug dog for no apparent reason, and the dog alerted. No &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16899\">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":[27],"tags":[],"class_list":["post-16899","post","type-post","status-publish","format-standard","hentry","category-dog-sniff"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16899","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=16899"}],"version-history":[{"count":6,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16899\/revisions"}],"predecessor-version":[{"id":16911,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16899\/revisions\/16911"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16899"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16899"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16899"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}