{"id":33637,"date":"2018-06-29T07:07:19","date_gmt":"2018-06-29T12:07:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33637"},"modified":"2018-06-29T07:07:19","modified_gmt":"2018-06-29T12:07:19","slug":"in-a-reasonable-person-in-defs-position-would-not-have-felt-detained-and-could-have-asked-for-his-partially-blocked-car-to-be-let-out","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33637","title":{"rendered":"IN: A reasonable person in def&#8217;s position would not have felt detained and could have asked for his partially blocked car to be let out"},"content":{"rendered":"<p>The officer was inquiring of suspicious persons but did not yet have reasonable suspicion. Defendant\u2019s car was partially blocked in, and the inquiries weren\u2019t directed at him. A reasonable person in his position would have felt he could have asked the officer to move his car so he could leave. Thus, he was not detained. Shortly thereafter, however, the officer smelled the \u201coverpowering\u201d odor of marijuana coming from his car, and that was probable cause. <a href=\"https:\/\/www.in.gov\/judiciary\/opinions\/pdf\/06261801ebb.pdf\">Baxter v. State<\/a>, 2018 Ind. App. LEXIS 230 (June 26, 2018). [I&#8217;m not buying this. Why, after all, would the officer block the car in in the first place? It&#8217;s a show of force and to keep everybody there.]<\/p>\n<p>On the totality, defendant consented to the search of his property, and the district court\u2019s finding is supported by the evidence. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2018\/06\/26\/17-30044.pdf\">United States v. Ortiz-Calderon<\/a>, 2018 U.S. App. LEXIS 17435 (9th Cir. June 26, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer was inquiring of suspicious persons but did not yet have reasonable suspicion. Defendant\u2019s car was partially blocked in, and the inquiries weren\u2019t directed at him. A reasonable person in his position would have felt he could have asked &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33637\">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":[35,69],"tags":[],"class_list":["post-33637","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33637","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=33637"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33637\/revisions"}],"predecessor-version":[{"id":33638,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33637\/revisions\/33638"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33637"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33637"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33637"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}