{"id":35214,"date":"2018-10-22T00:01:34","date_gmt":"2018-10-22T05:01:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35214"},"modified":"2018-10-20T16:16:12","modified_gmt":"2018-10-20T21:16:12","slug":"nj-officer-had-rs-def-was-armed-refusal-of-patdown-justified-exigent-strip-search-at-station-house","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35214","title":{"rendered":"NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house"},"content":{"rendered":"<p>The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and rule. <a href=\"https:\/\/www.njcourts.gov\/attorneys\/assets\/opinions\/appellate\/published\/a3619-17.pdf?cacheID=vqmgzXt\">State v. Brown<\/a>, 2018 N.J. Super. LEXIS 143 (Oct. 17, 2018).<\/p>\n<p>Defendant was on probation and the state requirement was reasonable suspicion for a violation of conditions for a search. Officers received information that defendant had a firearm in his house, and he kept it in his daughter\u2019s room, unbeknownst to her. When officers came for a compliance check, the search of his daughter\u2019s backpack in her room was reasonable. United States v. McGuire, 2018 U.S. Dist. LEXIS 178652 (D. Utah Oct. 18, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35214\">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":[3,58,4,41],"tags":[],"class_list":["post-35214","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-probationparole-search","category-stop-and-frisk","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35214","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=35214"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35214\/revisions"}],"predecessor-version":[{"id":35215,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35214\/revisions\/35215"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35214"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35214"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35214"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}