{"id":39204,"date":"2019-08-19T06:18:10","date_gmt":"2019-08-19T11:18:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39204"},"modified":"2019-08-19T06:18:10","modified_gmt":"2019-08-19T11:18:10","slug":"remember-videos-with-no-guns-knives-bombs-in-the-request-for-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39204","title":{"rendered":"Remember videos with \u201cno guns, knives, bombs\u201d in the request for consent?"},"content":{"rendered":"<p>\u201cThe State argues that, even though the sock was no longer in Peele&#8217;s possession or control, Officer James could still reasonably have feared that the sock contained \u2018an explosive or incendiary device.\u2019 Appellee&#8217;s Brief at 30. However, there is no testimony suggesting that Officer James suspected or believed that Peele had secreted an explosive device in the sock placed in the waistband of his sweat pants. And, in any event, a mere suspicion or possibility would not justify a warrantless search.\u201d Defendant was also handcuffed, and the court finds it highly unlikely he would have abandoned the sock simply because he couldn\u2019t get to it.  <a href=\"https:\/\/www.in.gov\/judiciary\/opinions\/pdf\/08151901lmb.pdf\">Peele v. State<\/a>, 2019 Ind. App. LEXIS 360 (Aug. 15, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe State argues that, even though the sock was no longer in Peele&#8217;s possession or control, Officer James could still reasonably have feared that the sock contained \u2018an explosive or incendiary device.\u2019 Appellee&#8217;s Brief at 30. However, there is no &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39204\">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":[4],"tags":[],"class_list":["post-39204","post","type-post","status-publish","format-standard","hentry","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39204","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=39204"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39204\/revisions"}],"predecessor-version":[{"id":39205,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39204\/revisions\/39205"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39204"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39204"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39204"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}