{"id":34237,"date":"2018-08-13T02:36:11","date_gmt":"2018-08-13T07:36:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34237"},"modified":"2018-08-21T14:26:32","modified_gmt":"2018-08-21T19:26:32","slug":"d-d-c-given-rs-for-a-stop-a-full-search-of-backpack-exceeded-terry","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34237","title":{"rendered":"D.D.C.: Given RS for a stop, a full search of backpack exceeded <em>Terry<\/em>"},"content":{"rendered":"<p>Defendant was validly stopped under Terry, but the search of his backpack was unreasonable and amounted to a virtual search incident to arrest. \u201cBut the cases cited by the government, including United States v. Holmes, indicate precisely the opposite. Absent exigent circumstances, a permissible frisk of a bag or backpack must begin with an exterior pat-down of the bag or backpack; only if an officer plainly feels an item that is immediately recognizable as a weapon or other contraband may any further search or seizure be reasonable.\u201d <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2018cr0117-25\">United States v. Wills<\/a>, 2018 U.S. Dist. LEXIS 133410 (D.D.C. Aug. 8, 2018), reconsideration denied  2018 U.S. Dist. LEXIS 138568 (D. D.C. Aug. 16, 2018):<\/p>\n<p>\u201cIn this case, TFO Sullivan&#8217;s investigation included statements from three separate informants whose collective information demonstrated that Turk had been involved in drug trafficking for nearly two years. Within the six months preceding the stop, four controlled buys had been conducted wherein the officers&#8217; observations supported that Turk acted as the source of supply. The surveillance and information available at the time of the stop consisted of CI #2 making an order of drugs from an associate of Turk, the associate advising CI #2 \u2018his guy\u2019 was on the way, and Turk driving in the direction of the meet location after having stopped at his residence.\u201d All this was reasonable suspicion. United States v. Turk, 2018 U.S. Dist. LEXIS 133584 (E.D. Mo. July 16, 2018),* adopted 2018 U.S. Dist. LEXIS 132446 (E.D. Mo. Aug. 7, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was validly stopped under Terry, but the search of his backpack was unreasonable and amounted to a virtual search incident to arrest. \u201cBut the cases cited by the government, including United States v. Holmes, indicate precisely the opposite. Absent &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34237\">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-34237","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34237","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=34237"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34237\/revisions"}],"predecessor-version":[{"id":34366,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34237\/revisions\/34366"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}