{"id":32144,"date":"2018-03-09T07:21:34","date_gmt":"2018-03-09T12:21:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32144"},"modified":"2018-03-11T11:31:14","modified_gmt":"2018-03-11T16:31:14","slug":"ny2-def-ordered-out-of-backseat-of-car-during-speeding-stop-resulted-in-admission-of-gun-suppressed-for-lack-of-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32144","title":{"rendered":"NY2: Def ordered out of backseat of car during speeding stop resulted in admission of gun; suppressed for lack of RS"},"content":{"rendered":"<p>Defendant was in the backseat of a car stopped in Queens for speeding. The officer decided he was a little too nervous and had him get out and asked him what he had. Defendant said \u201cI have a piece.\u201d Based on the totality, the officer didn\u2019t have reasonable suspicion to get him alone out of the car and question him. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_01492.htm\">People v. White<\/a>, 2018 NY Slip Op 01492, 2018 N.Y. App. Div. LEXIS 1451 (2d Dept. Mar. 7, 2018).<\/p>\n<p>The motion to suppress defendant\u2019s cell phone search is denied as moot because the government couldn\u2019t unlock it, and it now won\u2019t search it. The motion to suppress his Facebook account is denied because probable cause was shown in the affidavit for the warrant and the search warrant was reasonably relied upon under the good faith exception. United States v. Willis-Dass, 2018 U.S. Dist. LEXIS 35673 (D. Minn. Mar. 5, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was in the backseat of a car stopped in Queens for speeding. The officer decided he was a little too nervous and had him get out and asked him what he had. Defendant said \u201cI have a piece.\u201d Based &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32144\">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-32144","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32144","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=32144"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32144\/revisions"}],"predecessor-version":[{"id":32175,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32144\/revisions\/32175"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32144"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32144"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32144"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}