{"id":17920,"date":"2015-07-06T00:44:31","date_gmt":"2015-07-06T05:44:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17920"},"modified":"2015-07-06T06:28:36","modified_gmt":"2015-07-06T11:28:36","slug":"ca3-def-was-stopped-and-without-reasonable-suspicion-as-officers-advanced-on-him-the-fact-he-took-two-steps-back-was-still-submission","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17920","title":{"rendered":"CA3: Def was stopped, and without reasonable suspicion, as officers advanced on him; the fact he took two steps back was still submission"},"content":{"rendered":"<p>There was no reasonable suspicion for defendant\u2019s stop. The fact he backed up a couple of steps as officers advanced on him was not flight. \u201cIn sum, we hold that Lowe submitted to the officers&#8217; authority by staying put in front of 914 North Markoe Street. Neither his action, in taking a few steps backwards before stopping, nor his inaction, in keeping his hands immobile despite commands to move them, negated that submission.\u201d <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/141108p.pdf\">United States v. Lowe<\/a>, 2015 U.S. App. LEXIS 11440 (3d Cir. July 2, 2015).<\/p>\n<p>The trial court\u2019s credibility determination of consent to search will not be disturbed on appeal. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2015\/2015-Ohio-2717.pdf\">State v. Smoot<\/a>, 2015-Ohio-2717, 2015 Ohio App. LEXIS 2605 (2d Dist. June 30, 2015).*<\/p>\n<p>The fact defendant wasn&#8217;t charged fast enough isn\u2019t a ground for post-conviction relief. Lucas v. United States, 2015 U.S. Dist. LEXIS 85338 (W.D.Tenn. July 1, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was no reasonable suspicion for defendant\u2019s stop. The fact he backed up a couple of steps as officers advanced on him was not flight. \u201cIn sum, we hold that Lowe submitted to the officers&#8217; authority by staying put in &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17920\">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":[1],"tags":[],"class_list":["post-17920","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17920","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=17920"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17920\/revisions"}],"predecessor-version":[{"id":17940,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17920\/revisions\/17940"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17920"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}