{"id":26915,"date":"2017-04-25T00:00:08","date_gmt":"2017-04-25T05:00:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26915"},"modified":"2017-04-24T20:38:57","modified_gmt":"2017-04-25T01:38:57","slug":"n-d-iowa-just-because-the-officer-had-unquestioned-command-of-the-situation-during-a-traffic-stop-doesnt-preclude-conducting-a-frisk-for-weapons","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26915","title":{"rendered":"N.D.Iowa:  Just because the officer had \u201cunquestioned command of the situation\u201d during a traffic stop doesn\u2019t preclude conducting a frisk for weapons"},"content":{"rendered":"<p>Just because the officer had \u201cunquestioned command of the situation\u201d during a traffic stop doesn\u2019t preclude the officer from conducting a frisk for weapons. Here, the stop was at night, in a high crime area, there were only streetlights, and there were furtive movements in the car. That was sufficient for a frisk. United States v. Jackson, 2017 U.S. Dist. LEXIS 59642 (N.D. Iowa March 6, 2017).<\/p>\n<p>Defendant\u2019s vehicle was already stopped when the officer approached. There was a search of the car and her purse by consent, and it was offered where the Drano was hidden. There was no objection so, on plain error review, no plain error found. <a href=\"http:\/\/www.courtswv.gov\/supreme-court\/memo-decisions\/spring2017\/16-0385memo.pdf\">State v. Nelson<\/a>, 2017 W. Va. LEXIS 276 (April 21, 2017)* (memorandum).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Just because the officer had \u201cunquestioned command of the situation\u201d during a traffic stop doesn\u2019t preclude the officer from conducting a frisk for weapons. Here, the stop was at night, in a high crime area, there were only streetlights, and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26915\">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":[35,96,4],"tags":[],"class_list":["post-26915","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-standards-of-review","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26915","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=26915"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26915\/revisions"}],"predecessor-version":[{"id":26916,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26915\/revisions\/26916"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26915"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26915"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26915"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}