{"id":17900,"date":"2015-07-05T00:38:17","date_gmt":"2015-07-05T05:38:17","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17900"},"modified":"2015-07-04T08:39:57","modified_gmt":"2015-07-04T13:39:57","slug":"oh10-asking-for-dl-of-driver-of-parked-car-was-a-stop-of-everybody-in-the-car","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17900","title":{"rendered":"OH10: Asking for DL of driver of parked car was a stop of everybody in the car"},"content":{"rendered":"

Defendant was in a parked car with others when the police pulled up. It became a stop of everybody in the car under Brendlin when the officer asked for ID, and there was no reasonable suspicion of any crime whatsoever. Granted, the driver was nervous, but that\u2019s it. State v. Tabler<\/a>, 2015-Ohio-2651, 2015 Ohio App. LEXIS 2541 (10th Dist. June 30, 2015).<\/p>\n

Defendant\u2019s argument about cell site location data obtained by a court order and not search warrant is foreclosed. \u201cTurner argues that the government violated his Fourth Amendment rights when it obtained his historical cell site location information by court order under 18 U.S.C. \u00a7 2703(d) rather than by search warrant. [Doc. 230]. However, the Eleventh Circuit recently ruled that the government does not need to obtain a search warrant in order to obtain historical cell site information when it proceeds under 18 U.S.C. \u00a7 2703(d). United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc).\u201d United States v. Turner, 2015 U.S. Dist. LEXIS 85668 (N.D.Ga. May 20, 2015).*<\/p>\n

\u201cUnder the circumstances of this case, the detective’s search of the car was \u2018rationally and reasonably related to the performance of the parole officer’s duty\u2019 by dint of the detective’s parole responsibilities as a member of the Joint Apprehension Warrant Squad …. Here, no relevant distinction exists between the detective and the defendant’s parole officer …. At the time of the search, the detective was aware that the defendant had violated the terms of his parole, that as a result a warrant had been issued for the defendant’s arrest …, and that the defendant had consented in writing to a search of his person and property. Additionally, the detective was aware that the car was registered to the defendant, the defendant had acknowledged that the car was his, and a known source had said that she had been told that the defendant had just been in the car with a gun …. Under these circumstances, the detective’s search was justified …\u201d People v. McMillan<\/a>, 2015 NY Slip Op 05702, 2015 N.Y. App. Div. LEXIS 5565 (2d Dept. July 1, 2015) (Note: the judgment of conviction was December 16, 2010, 4\u00bd years ago).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was in a parked car with others when the police pulled up. It became a stop of everybody in the car under Brendlin when the officer asked for ID, and there was no reasonable suspicion of any crime whatsoever. … Continue reading →<\/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":[84,58,35,69],"tags":[],"class_list":["post-17900","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-probationparole-search","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17900","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=17900"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17900\/revisions"}],"predecessor-version":[{"id":17901,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17900\/revisions\/17901"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17900"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17900"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17900"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}