{"id":23575,"date":"2016-09-03T06:32:28","date_gmt":"2016-09-03T11:32:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23575"},"modified":"2016-09-03T14:05:00","modified_gmt":"2016-09-03T19:05:00","slug":"vi-nervousness-is-not-rs-patdown-unjustified-and-no-reason-shown","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23575","title":{"rendered":"VI: Nervousness is not RS; patdown unjustified and no reason shown"},"content":{"rendered":"<p>Defendant\u2019s stop was admittedly justified, but the detention was without reasonable suspicion of wrongdoing. Mere nervousness isn\u2019t enough, and the officer didn\u2019t articulate more. A patdown was unreasonable. <a href=\"http:\/\/www.visuperiorcourt.org\/opinions\/pdfs\/KADEEM%20HODGE%20MEMORANDUM%20OPINION.pdf\">People v. Hodge<\/a>, 2016 V.I. LEXIS 123 (Aug. 24, 2016).<\/p>\n<p>Defendant showed up at the scene of a quadruple homicide and volunteered that he knew things. The officer&#8217;s direction to remain there so they could talk to him and not get cigarettes out of his car was not a seizure. When talking to the police, he mentioned he was dealing marijuana, and that was justification for searching his car, which he was found to have consented to. The officer\u2019s comment to him that the location of his discarded clothes may help exonerate him wasn\u2019t an unlawful promise. He gave a statement connecting himself to the murders. <a href=\"http:\/\/www.mdcourts.gov\/opinions\/cosa\/2016\/1281s14.pdf\">Bellard v. State<\/a>, 2016 Md. App. LEXIS 97 (Aug. 31, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s stop was admittedly justified, but the detention was without reasonable suspicion of wrongdoing. Mere nervousness isn\u2019t enough, and the officer didn\u2019t articulate more. A patdown was unreasonable. People v. Hodge, 2016 V.I. LEXIS 123 (Aug. 24, 2016). Defendant showed &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=23575\">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":[69,4],"tags":[],"class_list":["post-23575","post","type-post","status-publish","format-standard","hentry","category-seizure","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23575","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=23575"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23575\/revisions"}],"predecessor-version":[{"id":23581,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23575\/revisions\/23581"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}