{"id":18369,"date":"2015-08-09T01:28:44","date_gmt":"2015-08-09T06:28:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18369"},"modified":"2015-08-10T07:13:38","modified_gmt":"2015-08-10T12:13:38","slug":"va-assuming-the-position-when-a-frisk-is-requested-by-an-officer-is-a-consent-to-a-frisk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18369","title":{"rendered":"VA: \u201cAssuming the position\u201d when a frisk is requested by an officer is a consent to a frisk"},"content":{"rendered":"<p>\u201cAssuming the position\u201d when a frisk is requested by an officer is a consent to a frisk. <a href=\"http:\/\/www.courts.state.va.us\/opinions\/opncavwp\/1270141.pdf\">Hawkins v. Commonwealth<\/a>, 2015 Va. App. LEXIS 237 (August 4, 2015).<\/p>\n<p>Defendant was observed doing a hand to hand transaction on a New Orleans street corner, and the police followed as he left. He knew he was being followed, and he went onto a porch and dropped a paper bag. The bag was properly seized as abandoned, and the police could follow him to the porch because they had reasonable suspicion. Also, it wasn\u2019t apparent that it was his porch. State v. Summers, 2015 La. LEXIS 1617 (July 29, 2015) (per curiam).*<\/p>\n<p>The juvenile in this case was searched on school property for possession of marijuana. He was found with others in an isolated area where students often congregated in the morning to smoke marijuana. Normally, nobody would be there. People ex rel. T.S., 2015 V.I. LEXIS 90 (Super.Ct. July 22, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAssuming the position\u201d when a frisk is requested by an officer is a consent to a frisk. Hawkins v. Commonwealth, 2015 Va. App. LEXIS 237 (August 4, 2015). Defendant was observed doing a hand to hand transaction on a New &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18369\">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":[48,24,33],"tags":[],"class_list":["post-18369","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-consent","category-school-searches"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18369","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=18369"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18369\/revisions"}],"predecessor-version":[{"id":18400,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18369\/revisions\/18400"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18369"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18369"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18369"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}