{"id":20268,"date":"2016-01-07T07:49:25","date_gmt":"2016-01-07T12:49:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20268"},"modified":"2016-01-07T07:49:25","modified_gmt":"2016-01-07T12:49:25","slug":"n-d-ga-def-handcuffed-standing-at-door-of-his-car-permitted-search-incident","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20268","title":{"rendered":"N.D.Ga.: Def handcuffed standing at door of his car permitted search incident"},"content":{"rendered":"

Defendant was arrested, handcuffed, and standing at the door of his car. The CI said that he was always armed, and a search incident of the console was proper because of the likelihood of a gun. United States v. Eno, 2015 U.S. Dist. LEXIS 173738 (N.D.Ga. Dec. 2, 2015), adopted 2016 U.S. Dist. LEXIS 571 (N.D. Ga. Jan. 5, 2016).<\/p>\n

The protective weapons search of defendant\u2019s car was justified under Michigan v. Long because there was reasonable suspicion there was a weapon in the car based on his furtive movements to the console during the traffic stop. United States v. Goins, 2016 U.S. Dist. LEXIS 827 (D.Conn. Jan. 5, 2016)<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was arrested, handcuffed, and standing at the door of his car. The CI said that he was always armed, and a search incident of the console was proper because of the likelihood of a gun. United States v. Eno, … 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":[35,26,4],"tags":[],"class_list":["post-20268","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-search-incident","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20268","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=20268"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20268\/revisions"}],"predecessor-version":[{"id":20269,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20268\/revisions\/20269"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20268"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20268"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20268"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}