{"id":32978,"date":"2018-05-07T00:04:20","date_gmt":"2018-05-07T05:04:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32978"},"modified":"2018-05-06T18:48:28","modified_gmt":"2018-05-06T23:48:28","slug":"vi-in-a-traffic-stop-def-delayed-in-getting-out-and-made-furtive-movements-officer-asked-what-do-you-have-there-answer-wasnt-5a-violation-under-berkemer","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32978","title":{"rendered":"VI: In a traffic stop, def delayed in getting out and made furtive movements; officer asked \u201cwhat do you have there?\u201d Answer [\u201cJust some weed.\u201d] wasn&#8217;t 5A violation under <em>Berkemer<\/em>"},"content":{"rendered":"<p>Defendant was stopped for passing on a double solid line. The officer called out through the vehicle PA for him to get out of the car, but he first fished around moving things. When the officer got to the window, he asked \u201cwhat do you have there?\u201d [\u201cJust some weed.\u201d] wasn\u2019t subject to Miranda under Berkemer. <a href=\"http:\/\/www.visuperiorcourt.org\/opinions\/pdfs\/PEOPLE%20V%20LEVI%20REGISTE.pdf\">People v. Registe<\/a>, 2018 V.I. LEXIS 48 (May 4, 2018).<\/p>\n<p>Considering video and comparing testimony, the reference to blasting caps allegedly being in defendant\u2019s home was false, but not intentionally or recklessly so. [This was discussed at fair length.] Even so, it wasn\u2019t material to the probable cause finding. United States v. Ray, 2018 U.S. Dist. LEXIS 75391 (W.D. Okla. May 4, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped for passing on a double solid line. The officer called out through the vehicle PA for him to get out of the car, but he first fished around moving things. When the officer got to the window, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32978\">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":[21,69],"tags":[],"class_list":["post-32978","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32978","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=32978"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32978\/revisions"}],"predecessor-version":[{"id":32980,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32978\/revisions\/32980"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32978"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32978"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32978"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}