{"id":19580,"date":"2015-11-17T18:57:34","date_gmt":"2015-11-17T23:57:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19580"},"modified":"2015-11-17T18:57:34","modified_gmt":"2015-11-17T23:57:34","slug":"in-officers-stop-for-no-paper-license-except-in-rear-window-was-unreasonable-because-it-was-now-lawful-to-have-it-there","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19580","title":{"rendered":"IN: Officer&#8217;s stop for no paper license except in rear window was unreasonable because it was now lawful to have it there"},"content":{"rendered":"<p>State law had changed a year before defendant\u2019s stop to allow for temporary plates to be hung in the rear window. Defendant was stopped for no license plate. As the officer approached, he could see a plate in the rear window. Continuing the stop past that was not reasonable. This was not a reasonable mistake of law under Heien. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/11131501ebb.pdf\">Darringer v. State<\/a>, 2015 Ind. App. LEXIS 712 (Nov. 13, 2015).<\/p>\n<p>\u201c[T]he Court finds that the anonymous tips and confidential information, which was corroborated by the subsequent investigation, provided sufficient reasonable suspicion to justify the Terry stop at its inception.\u201d United States v. Mack, 2015 U.S. Dist. LEXIS 152250 (M.D.La. Nov. 10, 2015).*<\/p>\n<p>Defendant\u2019s stop was without reasonable suspicion. The officers described it as a high-crime area, but the video shows it to be a well lit industrial and commercial area with little foot traffic. In the frisk of defendant, he was relieved of cash, which was not returned to him. They detained him too long before the smell of marijuana became apparent. United States v. Abarza, 2015 U.S. Dist. LEXIS 151593 (D.Ore. Nov. 6, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>State law had changed a year before defendant\u2019s stop to allow for temporary plates to be hung in the rear window. Defendant was stopped for no license plate. As the officer approached, he could see a plate in the rear &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19580\">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":[44,35,63],"tags":[],"class_list":["post-19580","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19580","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=19580"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19580\/revisions"}],"predecessor-version":[{"id":19581,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19580\/revisions\/19581"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19580"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19580"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}