{"id":1882,"date":"2008-04-18T08:44:18","date_gmt":"2008-03-14T05:02:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-14T05:02:25","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1882","title":{"rendered":"Witness found from illegal search not suppressed under Ceccolini<\/em>"},"content":{"rendered":"

Applying Ceccolini<\/em><\/a>, the Florida Fourth District Court of Appeals refuses to suppress the testimony of a witness found as a result of an arguably illegal search. Wells v. State<\/a>, 975 So. 2d 1235 (4th DCA 2008).<\/p>\n

Furtive movement to the glove compartment, although subject to innocent explanation, can be reasonable suspicion. United States v. Thomas, 2008 U.S. Dist. LEXIS 18856 (S.D. Ohio February 26, 2008):<\/p>\n

Defendant argues that his gestures toward the glove compartment could have been innocent, such as to retrieve the vehicle’s registration information. While this is true, “[a] determination that reasonable suspicion exists … need not rule out the possibility of innocent conduct.” United States v. Arvizu<\/em><\/a>, 534 U.S. 266, 277 (2002). The issue is not whether each factor in isolation is susceptible of an innocent explanation, but rather whether taken as a whole the factors are sufficient to form a particularized and objective basis for concluding that reasonable suspicion existed. Id<\/em>. at 277-78. As the Court continues to explain further, the totality of the circumstances, including the Defendant’s behavior inside the vehicle, established a reasonable suspicion that he was armed and dangerous.<\/p>\n

Accordingly, in this case, the Defendant’s furtive movements within the interior of the vehicle properly factored into Officer Winter’s suspicion that the Defendant was armed and dangerous.<\/p><\/blockquote>\n

Defendant lived with his aunt, and she was cleaning his room and found marijuana which she put in the nightstand. She consented to a police entry, and it was with apparent authority. State v. Putnam<\/a>, 2008 Wisc. App. LEXIS 190 (March 11, 2008).*<\/p>\n

An excessive force case that could have been settled for $50,000 and an apology was contested by the City, which finally lost. The total tab now: about $500,000, including interest and attorney’s fees, according to the San Jose Mercury News<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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