{"id":36199,"date":"2019-01-27T10:09:18","date_gmt":"2019-01-27T15:09:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36199"},"modified":"2019-01-27T10:09:18","modified_gmt":"2019-01-27T15:09:18","slug":"minor-discrepancies-and-lack-of-contemporaneous-notes-of-surveillance-didnt-make-these-observations-not-credible-to-fact-finder","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36199","title":{"rendered":"Minor discrepancies and lack of contemporaneous notes of surveillance didn’t make these observations not credible to fact finder"},"content":{"rendered":"

Some discrepancies in the testimony of two officers about defendant\u2019s consent doesn\u2019t make them unbelievable. It\u2019s the province of the fact finder, here the USMJ, to make that determination and consent was found by a preponderance of the evidence. United States v. Barnes, 2019 U.S. Dist. LEXIS 12231 (E.D. N.C. Jan. 25, 2019).*<\/p>\n

The officer testified to occasional surveillance of defendant\u2019s home as a part of his reasonable suspicion to stop the car. The fact that the officer didn\u2019t keep notes of the dates and times didn\u2019t undermine his credibility in the eyes of the court. There was reasonable suspicion on the totality. United States v. Nettles, 2018 U.S. Dist. LEXIS 220054 (E.D. Mo. Jan. 25, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Some discrepancies in the testimony of two officers about defendant\u2019s consent doesn\u2019t make them unbelievable. It\u2019s the province of the fact finder, here the USMJ, to make that determination and consent was found by a preponderance of the evidence. United … 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":[24,35],"tags":[],"class_list":["post-36199","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36199","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=36199"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36199\/revisions"}],"predecessor-version":[{"id":36200,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36199\/revisions\/36200"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36199"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36199"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}