{"id":25823,"date":"2017-02-14T10:46:02","date_gmt":"2017-02-14T15:46:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25823"},"modified":"2017-02-14T10:46:02","modified_gmt":"2017-02-14T15:46:02","slug":"fl1-arrest-for-invited-use-of-school-track-for-exercise-was-without-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25823","title":{"rendered":"FL1: Arrest for invited use of school track for exercise was without PC"},"content":{"rendered":"

Defendant was arrested without probable cause for using a school track for exercise. Despite a school no trespassing sign, there were signs inviting public use of the track and every school patron, neighbor, and police officer apparently knew it except the arresting officer. State v. Rand<\/a>, 2017 Fla. App. LEXIS 1634 (Fla. 1st DCA Feb. 10, 2017).* [The real question is why the state wasted its time on an appeal.]<\/p>\n

Defendant was pulled over for staying in the passing lane on an Interstate highway too long as he passed two trucks, that he could [or should] have pulled in between then before passing the second. \u201c[A]lthough the traffic violation at issue seemingly was minor, a stop based on the perceived violation passes constitutional muster.\u201d The video didn\u2019t help on the fact issue at all, so the officer gets credited with reasonable suspicion for the stop. Then the officer found out defendant was in a rental car that wasn\u2019t his or he wasn\u2019t a driver of, so the district court held had no standing in the car. The court of appeals gets to the merits. The offense was minor, but the stop was not constitutionally unreasonable. Reasonable suspicion developed from aliases and demeanor. The stop was reasonable in length and the officer was diligent on the totality. United States v. Byrd<\/a>, 2017 U.S. App. LEXIS 2406 (3d Cir. Feb. 10, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was arrested without probable cause for using a school track for exercise. Despite a school no trespassing sign, there were signs inviting public use of the track and every school patron, neighbor, and police officer apparently knew it except … Continue reading →<\/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":[20,35],"tags":[],"class_list":["post-25823","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25823","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=25823"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25823\/revisions"}],"predecessor-version":[{"id":25824,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25823\/revisions\/25824"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25823"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25823"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25823"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}