{"id":18004,"date":"2015-07-11T09:19:19","date_gmt":"2015-07-11T14:19:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18004"},"modified":"2015-07-14T08:14:57","modified_gmt":"2015-07-14T13:14:57","slug":"or-right-result-wrong-reason-doctrine-cannot-apply-to-save-a-search-where-the-defense-wasnt-given-a-chance-to-litigate-that-ground-below","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18004","title":{"rendered":"OR: \u201cRight result, wrong reason\u201d doctrine cannot apply to save a search where the defense wasn\u2019t given a chance to litigate that ground below"},"content":{"rendered":"

\u201cRight result, wrong reason\u201d doctrine cannot apply to save a search where the defense wasn\u2019t given a chance to litigate that ground below. State v. Booth<\/a>, 272 Ore. App. 192 (July 8, 2015).<\/p>\n

Defendant was a gay man stopped by police in San Antonio for alleged loitering for male prostitution. The state admits the encounter was not consensual. Merely being in a dimly lit area known for prostitution is not reasonable suspicion. Johnson v. State<\/a>, 2015 Tex. App. LEXIS 6973 (Tex.App.\u2013San Antonio July 8, 2015).<\/p>\n

There were two encounters, and the first was without reasonable suspicion, and defendant was let go. The second had reasonable suspicion. \u201cResisting an arrest or detention is unlawful, even if the officer attempting to effect the arrest lacks reasonable suspicion or probable cause.\u201d Vidales v. State<\/a>, 2015 Tex. App. LEXIS 6943 (Tex.App.\u2013Amarillo July 7, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cRight result, wrong reason\u201d doctrine cannot apply to save a search where the defense wasn\u2019t given a chance to litigate that ground below. State v. Booth, 272 Ore. App. 192 (July 8, 2015). Defendant was a gay man stopped by … 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":[66,35],"tags":[],"class_list":["post-18004","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18004","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=18004"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18004\/revisions"}],"predecessor-version":[{"id":18029,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18004\/revisions\/18029"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18004"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18004"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}