{"id":25903,"date":"2017-02-21T00:01:06","date_gmt":"2017-02-21T05:01:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25903"},"modified":"2017-02-20T18:20:29","modified_gmt":"2017-02-20T23:20:29","slug":"in-stop-without-rs-reverses-defs-conviction-for-threatening-officer-after-illegal-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25903","title":{"rendered":"IN: Stop without RS reverses def’s conviction for threatening officer after illegal stop"},"content":{"rendered":"

Police received a report of a person \u201cacting suspicious\u201d but did not receive any information at to what that was. When defendant was encountered his conduct did not admit of any criminal activity being \u201cafoot.\u201d The officer told defendant to stop walking, and he didn\u2019t. When finally stopped, defendant said \u201c\u2018If you didn’t have that vest on I’d f—you up.\u2019 [And] Officer Sheppard \u2018took it as that that [Neeley] wants to do something to [him].\u2019\u201d The stop was unreasonable, and the statement suppressed. Neeley v. State<\/a>, 2017 Ind. App. LEXIS 68 (Feb. 16, 2017):
\n<\/p>\n

Here, Officer Sheppard was responding to a report of someone \u201cacting suspicious\u201d and at most witnessed Neeley committing an infraction. Neeley did not change his behavior in any way when Officer Sheppard approached him and ordered him to stop, but simply continued to walk along the road in the same direction he had been going. In light of Gaddie, Officer Sheppard was mistaken in his assessment that Neeley had committed a misdemeanor in his presence, and he was aware of no other articulable facts that would lead him to reasonably suspect criminal activity was afoot. As Officer Sheppard did not have reasonable suspicion to stop him, Neeley had every right to continue walking notwithstanding Officer Sheppard’s order to stop.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Police received a report of a person \u201cacting suspicious\u201d but did not receive any information at to what that was. When defendant was encountered his conduct did not admit of any criminal activity being \u201cafoot.\u201d The officer told defendant to … 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":[35],"tags":[],"class_list":["post-25903","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25903","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=25903"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25903\/revisions"}],"predecessor-version":[{"id":25904,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25903\/revisions\/25904"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25903"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25903"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25903"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}