{"id":17311,"date":"2015-05-20T07:41:58","date_gmt":"2015-05-20T12:41:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17311"},"modified":"2015-05-20T07:41:58","modified_gmt":"2015-05-20T12:41:58","slug":"nj-reasonable-for-officer-to-follow-arrested-person-back-to-room-for-id-reasonable-suspicion-he-was-armed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17311","title":{"rendered":"NJ: Reasonable for officer to follow arrested person back to room for ID; reasonable suspicion he was armed"},"content":{"rendered":"<p>The officer had reasonable suspicion to believe that defendant had been smoking marijuana, and he asked for ID. Defendant said it was in his room, so the officer said he\u2019d have to follow defendant to get it. The officer noticed a bulge in the pocket of the sweatshirt he was wearing. Defendant handed over his ID and removed his sweatshirt, dropping it on the floor. When defendant was told he was coming with the officer, he picked up another sweatshirt. The officer wanted the one he was wearing before and picked it up and took it outside. A dog was present, and the sweatshirt and a towel were put on the ground for the dog. [Of course the dog was going to alert on the sweatshirt because defendant was at least around burning marijuana.] The dog picked up the sweatshirt and dropped it, and the officer heard the clank of a gun. [Why didn\u2019t he feel it when carrying the sweatshirt?] This case is a lot like <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7521999563156962019&#038;q=Chrisman&#038;hl=en&#038;as_sdt=20002\">Chrisman<\/a> and going back to the room was reasonable as was seizing the sweatshirt. <a href=\"http:\/\/www.judiciary.state.nj.us\/opinions\/a1207-13.pdf\">State v. Legette<\/a>, 2015 N.J. Super. LEXIS 81 (May 18, 2015).<\/p>\n<p>Defendant was arrested for credit card fraud at his room, and numerous other cards were seen on the floor. That supported a search warrant for the house. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2015\/05\/18\/14-50323.pdf\">United States v. Xian<\/a>, 2015 U.S. App. LEXIS 8149 (9th Cir. May 18, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer had reasonable suspicion to believe that defendant had been smoking marijuana, and he asked for ID. Defendant said it was in his room, so the officer said he\u2019d have to follow defendant to get it. The officer noticed &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17311\">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":[20,35],"tags":[],"class_list":["post-17311","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17311","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=17311"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17311\/revisions"}],"predecessor-version":[{"id":17312,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17311\/revisions\/17312"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17311"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17311"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17311"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}