{"id":22110,"date":"2016-05-14T11:54:27","date_gmt":"2016-05-14T16:54:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22110"},"modified":"2016-05-14T12:00:08","modified_gmt":"2016-05-14T17:00:08","slug":"w-d-mo-just-because-def-ran-away-from-the-car-it-was-still-readily-mobile-for-the-automobile-exception","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22110","title":{"rendered":"W.D.Mo.: Just because def ran away from the car, it was still &#8220;readily mobile&#8221; for the automobile exception"},"content":{"rendered":"<p>\u201cHis argument is that because the car was parked and defendant had run away from the car, it was \u2018not mobile within the meaning of the Carroll\/Chambers exception.\u2019 Not surprisingly, defendant cites no case law to support this argument; and I find that it is completely contrary to well established law.\u201d United States v. Wilkins, 2016 U.S. Dist. LEXIS 59808 (W.D.Mo. April 8, 2016), adopted 2016 U.S. Dist. LEXIS 59149 (W.D. Mo. May 4, 2016).<\/p>\n<p>Police received a report of a man lying in the roadway at night. The officer found defendant. He walked up and asked how defendant was, and defendant said he was \u201cresting.\u201d He asked him to pull his hand out of his pocket and a gun came out held by the barrel. The rest was with reasonable suspicion. The encounter was clearly justified by the community caretaking function, and there was no seizure up to that point. United States v. Goins, 2016 U.S. Dist. LEXIS 58714 (E.D.N.C. April 4, 2016),* adopted 2016 U.S. Dist. LEXIS 58702 (E.D.N.C. May 2, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHis argument is that because the car was parked and defendant had run away from the car, it was \u2018not mobile within the meaning of the Carroll\/Chambers exception.\u2019 Not surprisingly, defendant cites no case law to support this argument; and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22110\">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":[36,74],"tags":[],"class_list":["post-22110","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-community-caretaking-function"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22110","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=22110"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22110\/revisions"}],"predecessor-version":[{"id":22114,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22110\/revisions\/22114"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22110"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22110"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}