{"id":25897,"date":"2017-02-20T17:20:06","date_gmt":"2017-02-20T22:20:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25897"},"modified":"2017-02-20T17:20:06","modified_gmt":"2017-02-20T22:20:06","slug":"e-d-mich-defs-frisk-turned-up-no-weapon-officer-asked-him-to-give-up-gun-and-he-wouldnt-be-prosecuted-consent-coerced","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25897","title":{"rendered":"E.D.Mich.: Def’s frisk turned up no weapon; officer asked him to give up gun and he wouldn’t be prosecuted; consent coerced"},"content":{"rendered":"

Defendant was frisked and no weapon was found. The officer told him that if he gave up the gun he wouldn\u2019t be prosecuted. He did, and that was a coerced consent and admission of the gun. Suppressed. United States v. Montgomery, 2017 U.S. Dist. LEXIS 20612 (E.D. Mich. Feb. 14, 2017).<\/p>\n

The officer\u2019s observation of defendant in form fitting sweatpants moving something L-shaped and most certainly a gun from front to side was reasonable suspicion for a frisk. United States v. Blake, 2017 U.S. Dist. LEXIS 21218 (E.D. N.Y. Feb. 15, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was frisked and no weapon was found. The officer told him that if he gave up the gun he wouldn\u2019t be prosecuted. He did, and that was a coerced consent and admission of the gun. Suppressed. United States v. … 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":[24,35],"tags":[],"class_list":["post-25897","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25897","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=25897"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25897\/revisions"}],"predecessor-version":[{"id":25898,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25897\/revisions\/25898"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25897"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25897"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25897"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}