{"id":39006,"date":"2019-08-09T08:33:04","date_gmt":"2019-08-09T13:33:04","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39006"},"modified":"2019-08-09T08:33:04","modified_gmt":"2019-08-09T13:33:04","slug":"vt-flagging-down-def-in-driveway-while-officer-on-welfare-check-call-was-consensual-stop-led-to-dui-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39006","title":{"rendered":"VT: Flagging down def in driveway while officer on welfare check call was consensual stop; led to DUI arrest"},"content":{"rendered":"<p>A state trooper went to defendant\u2019s house for a welfare check on a person, and pulled in the driveway and started toward the house. A car was coming down the driveway and he waved for the car to stop so he could see if it was the person he was looking for. The car stopped, driver window to driver window. Defendant ended up getting arrests for DUI in his own driveway. The initial stop was valid. <a href=\"https:\/\/www.vermontjudiciary.org\/sites\/default\/files\/documents\/eo19-012.pdf\">State v. Labounty<\/a>, 2019-012 (Vt. Aug. 8, 2019).<\/p>\n<p>Defendant\u2019s post-conviction claim that material information was withheld to attack the search warrant was denied because it wasn\u2019t material for Franks purposes. <a href=\"https:\/\/www.ndcourts.gov\/supreme-court\/Dockets\/20190024\">Kovalevich v. State<\/a>, 2019 ND 210, 2019 N.D. LEXIS 215 (Aug. 5, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A state trooper went to defendant\u2019s house for a welfare check on a person, and pulled in the driveway and started toward the house. A car was coming down the driveway and he waved for the car to stop so &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39006\">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":[24,21],"tags":[],"class_list":["post-39006","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39006","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=39006"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39006\/revisions"}],"predecessor-version":[{"id":39007,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39006\/revisions\/39007"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39006"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}