{"id":22525,"date":"2016-06-11T08:54:41","date_gmt":"2016-06-11T13:54:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22525"},"modified":"2016-06-11T10:24:19","modified_gmt":"2016-06-11T15:24:19","slug":"tn-mere-called-in-description-and-location-of-allegedly-impaired-driver-wasnt-enough-for-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22525","title":{"rendered":"TN: Mere called-in description and location of allegedly impaired driver wasn&#8217;t enough for stop"},"content":{"rendered":"<p>A mere description of a truck and its general location, with no details of how the caller knew that the driver was impaired, was insufficient. Even when coupled with the officer&#8217;s one-minute interaction with defendant prior to seizing her where the office only saw \u201cwatery eyes\u201d and did not suspect she was impaired when he asked for her license there still wasn\u2019t reasonable suspicion. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/wascherjuneopn.pdf\">State v. Wascher<\/a>, 2016 Tenn. Crim. App. LEXIS 414 (June 6, 2016).*<\/p>\n<p>Plaintiff didn\u2019t rebut defendants\u2019 showing that the emergency doctrine supported the search, so summary judgment was properly granted. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2016\/06\/06\/14-35671.pdf\">Navicky v. Gevatosky<\/a>, 2016 U.S. App. LEXIS 10216 (9th Cir. June 6, 2016).*<\/p>\n<p>Defendant\u2019s vehicle was properly searched by inventory because the driver was being taken away, and, alternatively, when asked if there was anything illegal in the car, he said \u201cNo, go ahead.\u201d United States v. Scales, 2016 U.S. Dist. LEXIS 75003 (E.D.Mich. June 9, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A mere description of a truck and its general location, with no details of how the caller knew that the driver was impaired, was insufficient. Even when coupled with the officer&#8217;s one-minute interaction with defendant prior to seizing her where &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22525\">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":[44,39],"tags":[],"class_list":["post-22525","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-inventory"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22525","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=22525"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22525\/revisions"}],"predecessor-version":[{"id":22534,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22525\/revisions\/22534"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22525"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22525"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22525"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}