{"id":22629,"date":"2016-06-20T07:39:32","date_gmt":"2016-06-20T12:39:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22629"},"modified":"2016-06-20T07:40:04","modified_gmt":"2016-06-20T12:40:04","slug":"de-patdown-unreasonable-state-didnt-argue-for-probation-search-and-court-wont-decide-that","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22629","title":{"rendered":"DE: Patdown unreasonable; state didn&#8217;t argue for probation search and court won&#8217;t decide that"},"content":{"rendered":"<p>Defendant was subjected to a patdown that was unreasonable, and it is suppressed. Defendant was on probation then, and the probation search exception could have been relied on but wasn\u2019t. The court won\u2019t argue the state\u2019s case for it. <a href=\"http:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=239760\">State v. Rivers<\/a>, 2016 Del. Super. LEXIS 246 (April 21, 2016).<\/p>\n<p>Officers did not exceed the proper scope of the traffic stop. It wasn\u2019t unreasonable to order defendant out of the car, but there was reasonable suspicion at that point anyway by his movements. Then he fled. <a href=\"http:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=241900\">State v. Coursey<\/a>, 2016 Del. Super. LEXIS 263 (June 3, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was subjected to a patdown that was unreasonable, and it is suppressed. Defendant was on probation then, and the probation search exception could have been relied on but wasn\u2019t. The court won\u2019t argue the state\u2019s case for it. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22629\">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":[66,58,35],"tags":[],"class_list":["post-22629","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22629","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=22629"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22629\/revisions"}],"predecessor-version":[{"id":22630,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22629\/revisions\/22630"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22629"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}