{"id":38802,"date":"2019-07-28T08:02:07","date_gmt":"2019-07-28T13:02:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=38802"},"modified":"2019-07-28T09:04:20","modified_gmt":"2019-07-28T14:04:20","slug":"tn-there-was-pc-for-a-search-of-the-person-but-no-exigency","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=38802","title":{"rendered":"TN: There was PC for a search of the person but no exigency"},"content":{"rendered":"<p>There was probable cause for a search of defendant\u2019s person, but there\u2019s no evidence of exigency to justify it. A frisk produced no weapons, a drug dog didn\u2019t alert on the car. Ultimately, he was made to empty his pockets, and there were drugs in a folded piece of paper next to cash. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/darryl_rene_morgan_cca_separate_opinion.pdf\">State v. Morgan<\/a>, 2019 Tenn. Crim. App. LEXIS 445 (July 25, 2019).<\/p>\n<p>Defendant didn\u2019t stop his car immediately and drove two miles before pulling over where he didn\u2019t speed up or evade. There was no evidence that defendant was a threat to the officer to justify a frisk. There also wasn\u2019t any probable cause for a search. <a href=\"https:\/\/nmonesource.com\/nmos\/nmca\/en\/item\/418983\/index.do\">State v. Martinez<\/a>, 2019 N.M. App. LEXIS 91 (July 25, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was probable cause for a search of defendant\u2019s person, but there\u2019s no evidence of exigency to justify it. A frisk produced no weapons, a drug dog didn\u2019t alert on the car. Ultimately, he was made to empty his pockets, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=38802\">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":[26,4],"tags":[],"class_list":["post-38802","post","type-post","status-publish","format-standard","hentry","category-search-incident","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38802","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=38802"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38802\/revisions"}],"predecessor-version":[{"id":38809,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/38802\/revisions\/38809"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38802"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38802"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38802"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}