{"id":32531,"date":"2018-04-04T06:22:34","date_gmt":"2018-04-04T11:22:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32531"},"modified":"2018-04-04T06:54:57","modified_gmt":"2018-04-04T11:54:57","slug":"mn-getting-of-a-car-looking-at-officer-then-walking-away-was-hardly-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32531","title":{"rendered":"MN: Getting out of a car, looking at officer, then walking away was hardly RS"},"content":{"rendered":"

Defendant\u2019s stop, handcuffing, and questioning was without reasonable suspicion based on his looking at officers and walking away. State v. Davis<\/a>, 2018 Minn. App. LEXIS 162 (Apr. 2, 2018) (\u201che looked at me\u201d or \u201che didn\u2019t look at me\u201d has been alleged to be reasonable suspicion; officers claim it’s whatever they need at the moment to justify the stop):
\n<\/p>\n

Minneapolis Police officers following a car for turning without signaling believed that one of its passengers\u2014appellant Corey Davis Jr.\u2014had gotten out. An officer, who found it suspicious that Davis looked toward him and then looked away before turning to walk away, exited his squad car, approached Davis, grabbed him by the arm, handcuffed him, and began questioning him. After Davis commented about possessing drugs and being impaired from a previous gunshot injury, officers searched the area and discovered a handgun that they surmised Davis had tossed away. Davis was charged with and convicted of unlawful possession of a firearm. Because the officer had no reasonable suspicion to stop and detain Davis, and because the officers exploited the stop and Davis’s incriminating comments to decide to search the area, the district court should have applied the fruit-of-the-poisonous-tree doctrine and suppressed evidence of the handgun. We therefore reverse Davis’s conviction and remand.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s stop, handcuffing, and questioning was without reasonable suspicion based on his looking at officers and walking away. State v. Davis, 2018 Minn. App. LEXIS 162 (Apr. 2, 2018) (\u201che looked at me\u201d or \u201che didn\u2019t look at me\u201d has … Continue reading →<\/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-32531","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32531","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=32531"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32531\/revisions"}],"predecessor-version":[{"id":32538,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32531\/revisions\/32538"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32531"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32531"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32531"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}