{"id":28080,"date":"2017-07-15T07:51:22","date_gmt":"2017-07-15T12:51:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28080"},"modified":"2017-07-15T07:51:22","modified_gmt":"2017-07-15T12:51:22","slug":"tn-def-was-brought-before-magistrate-47%c2%bc-hours-after-his-arrest-no-riverside-violation-and-it-wouldnt-ripen-to-a-gerstein-violation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=28080","title":{"rendered":"TN: Def was brought before magistrate 47\u00bc hours after his arrest; no Riverside violation and it wouldn&#8217;t ripen to a Gerstein violation"},"content":{"rendered":"<p>Defendant was brought before a magistrate 47\u00bc hours after his arrest and arraigned at 3:15 am, and this was presumptively reasonable. His interrogation after he was released from the hospital after arrest but before arraignment complied with Miranda, and nothing \u201cripened\u201d into a Gerstein violation. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/jeffrey_scott_long_opinion.pdf\">State v. Long<\/a>, 2017 Tenn. Crim. App. LEXIS 609 (July 11, 2017).<\/p>\n<p>Defense counsel was not ineffective for not pursuing a motion to suppress seizure of a stolen laptop from defendant\u2019s backpack when defendant disclaimed ownership when confronted with it. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/corey_abernathy_opinion.pdf\">Abernathy v. State<\/a>, 2017 Tenn. Crim. App. LEXIS 602 (July 10, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was brought before a magistrate 47\u00bc hours after his arrest and arraigned at 3:15 am, and this was presumptively reasonable. His interrogation after he was released from the hospital after arrest but before arraignment complied with Miranda, and nothing &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=28080\">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":[48,63],"tags":[],"class_list":["post-28080","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28080","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=28080"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28080\/revisions"}],"predecessor-version":[{"id":28081,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28080\/revisions\/28081"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}