{"id":27534,"date":"2017-06-08T07:37:46","date_gmt":"2017-06-08T12:37:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27534"},"modified":"2017-06-08T07:37:46","modified_gmt":"2017-06-08T12:37:46","slug":"mo-stop-requires-rs-but-arrest-requires-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27534","title":{"rendered":"MO: Stop requires RS but arrest requires PC"},"content":{"rendered":"<p>\u201cHere, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams&#8217; vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an alcohol related offense. &#8230;  In determining whether there was probable cause, the trial court should have considered both evidence of \u2018unusual or illegal operation of a motor vehicle\u2019 prior to stopping the driver, and evidence of \u2018indicia of intoxication on coming into contact with the motorist.\u2019\u201d <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=113655\">Williams v. Dir. of Revenue<\/a>, 2017 Mo. App. LEXIS 535 (June 6, 2017).*<\/p>\n<p>Defendant waived his search issue by pleading guilty. Even so, the gun was found in plain view after the officer saw marijuana on the seat and opened the door. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/7\/2017\/2017-Ohio-4156.pdf\">State v. Prieto<\/a>, 2017-Ohio-4156, 2017 Ohio App. LEXIS 2205 (7th Dist. June 1, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams&#8217; vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27534\">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":[51,20,35],"tags":[],"class_list":["post-27534","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27534","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=27534"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27534\/revisions"}],"predecessor-version":[{"id":27535,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27534\/revisions\/27535"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27534"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27534"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27534"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}