{"id":29389,"date":"2017-09-24T09:02:18","date_gmt":"2017-09-24T14:02:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29389"},"modified":"2017-09-24T09:02:18","modified_gmt":"2017-09-24T14:02:18","slug":"nc-inconsistent-stories-from-the-passenger-and-driver-alone-isnt-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29389","title":{"rendered":"NC: Inconsistent stories from the passenger and driver alone isn&#8217;t RS"},"content":{"rendered":"<p>The passenger\u2019s and driver\u2019s stories weren\u2019t inconsistent enough to justify reasonable suspicion. There were no other facts justifying suspicion of criminality. The officer asked about weapons, but he said that was common for a 4 am stop. <a href=\"https:\/\/appellate.nccourts.org\/opinions\/?c=2&#038;pdf=35675\">State v. Nicholson<\/a>, 2017 N.C. App. LEXIS 769 (Sept. 19, 2017).<\/p>\n<p>\u201cAssuming without deciding that the search warrants lacked probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to the exclusionary rule as articulated in United States v. Leon, &#8230;.\u201d United States v. Schulz, 2017 U.S. Dist. LEXIS 153134 (D. Minn. June 26, 2017),* adopted, 2017 U.S. Dist. LEXIS 151923 (D. Minn. Sept. 19, 2017).* [That\u2019s just lazy, yet authorized by many appellate courts; what is or is not probable cause remains unresolved. Don\u2019t the police and public have a need to know? Apparently not.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The passenger\u2019s and driver\u2019s stories weren\u2019t inconsistent enough to justify reasonable suspicion. There were no other facts justifying suspicion of criminality. The officer asked about weapons, but he said that was common for a 4 am stop. State v. Nicholson, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=29389\">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],"tags":[],"class_list":["post-29389","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29389","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=29389"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29389\/revisions"}],"predecessor-version":[{"id":29390,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29389\/revisions\/29390"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29389"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29389"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29389"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}