{"id":22100,"date":"2016-05-14T10:13:30","date_gmt":"2016-05-14T15:13:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22100"},"modified":"2016-05-15T16:14:53","modified_gmt":"2016-05-15T21:14:53","slug":"or-defs-touching-pocket-then-officer-seeing-a-knife-was-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22100","title":{"rendered":"OR: Def&#8217;s touching pocket then officer seeing a knife was RS"},"content":{"rendered":"<p>The roadside conversation with defendant was not coercive. \u201cThe trial court found credible Haugen&#8217;s testimony that defendant was cooperative and engaged in easygoing conversation at this point.\u201d She kept touching her pocket, and, once she moved, a knife was observed, so the officer had reasonable suspicion. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A156987.pdf\">State v. Graves<\/a>, 278 Ore. App. 126, 2016 Ore. App. LEXIS 509 (May 4, 2016).<\/p>\n<p>Similar: Reasonable suspicion for a patdown came from juvenile being stopped coming from the direction of a 1 am fight, his companions fleeing, and his continually reaching to his back pocket. <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=38363878-68ef-4736-afc6-6b7373242860&#038;MediaID=e7ad704a-9b16-4b30-afa0-763255228d62&#038;coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&#038;DT=Opinion\">In re E.O.E.<\/a>, 2016 Tex. App. LEXIS 4786 (Tex.App. \u2013 El Paso May 5, 2016).*<\/p>\n<p>2255 petitioner\u2019s claim that he and his codefendant were secretly recorded in the back of a police car was resolved on appeal and can\u2019t be relitigated. His lack of authentication claim fails on the merits. Webster v. United States, 2016 U.S. Dist. LEXIS 62655 (N.D.Ind. May 12, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The roadside conversation with defendant was not coercive. \u201cThe trial court found credible Haugen&#8217;s testimony that defendant was cooperative and engaged in easygoing conversation at this point.\u201d She kept touching her pocket, and, once she moved, a knife was observed, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22100\">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":[23,35],"tags":[],"class_list":["post-22100","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22100","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=22100"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22100\/revisions"}],"predecessor-version":[{"id":22162,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22100\/revisions\/22162"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22100"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22100"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22100"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}