{"id":39386,"date":"2019-08-27T05:00:51","date_gmt":"2019-08-27T10:00:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39386"},"modified":"2019-08-27T05:00:51","modified_gmt":"2019-08-27T10:00:51","slug":"ca10-dist-ct-credited-that-defendant-was-unusually-nervous-rather-than-just-nervous-as-a-contributing-factor-to-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39386","title":{"rendered":"CA10: Dist Ct  credited that defendant was \u201cunusually nervous\u201d rather than just \u201cnervous\u201d as a contributing factor to RS"},"content":{"rendered":"<p>The district court credited that defendant  was \u201cunusually nervous\u201d rather than just \u201cnervous\u201d as a contributing factor to reasonable suspicion. Defendant was stopped for a traffic offense, and the officer asked for consent to search. Defendant asked what would happen if he refused, and the officer said that a drug dog would be used, and, if it alerted, a search would occur. Defendant signed the consent form, and the consent was not involuntary. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/18\/18-2026.pdf\">United States v. Torres<\/a>, 2019 U.S. App. LEXIS 25299 (10th Cir. Aug. 23, 2019).<\/p>\n<p>Tasing an uncooperative arrestee who ignored three requests to get on the ground was reasonable under the circumstances, so plaintiff\u2019s excessive force claim is denied. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0211p-06.pdf\">Shanaberg v. Licking County<\/a>, 2019 U.S. App. LEXIS 25305 (6th Cir. Aug. 23, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The district court credited that defendant was \u201cunusually nervous\u201d rather than just \u201cnervous\u201d as a contributing factor to reasonable suspicion. Defendant was stopped for a traffic offense, and the officer asked for consent to search. Defendant asked what would happen &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39386\">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":[52,35],"tags":[],"class_list":["post-39386","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39386","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=39386"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39386\/revisions"}],"predecessor-version":[{"id":39387,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39386\/revisions\/39387"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39386"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39386"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}