{"id":39514,"date":"2019-09-04T07:05:27","date_gmt":"2019-09-04T12:05:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39514"},"modified":"2019-09-04T16:29:37","modified_gmt":"2019-09-04T21:29:37","slug":"va-defs-ignoring-shouts-to-show-his-hands-and-reaching-to-back-seat-justified-pulling-him-out-of-the-car-and-doing-a-sweep-of-the-car","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39514","title":{"rendered":"VA: Def&#8217;s ignoring shouts to show his hands and reaching to back seat justified pulling him out of the car and doing a sweep of the car"},"content":{"rendered":"<p>Defendant ignored 7-10 shouts to keep his hands up and get out of the car, and he reached down into the back seat. Officers opened the door and pulled him. Then he was seized, and it was reasonable to pull him out. Checking under the seat, drugs were found. The protective search under the seat was reasonable. <a href=\"http:\/\/www.courts.state.va.us\/opinions\/opnscvwp\/1180681.pdf\">Hill v. Commonwealth<\/a>, 2019 Va. LEXIS 104 (Aug. 30, 2019).<\/p>\n<p>There was reasonable suspicion for continuing defendant\u2019s stop because he was driving a car with a single key in the ignition, he said he borrowed the car from a friend that he couldn\u2019t name, he had a car with PA plates but he was driving from his home in NY to PA. <a href=\"http:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-A22025-18o%20-%2010412625876664861.pdf?cb=1\">Commonwealth v. Benitez<\/a>, 2019 PA Super 268 (Sept. 3, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant ignored 7-10 shouts to keep his hands up and get out of the car, and he reached down into the back seat. Officers opened the door and pulled him. Then he was seized, and it was reasonable to pull &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39514\">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":[35],"tags":[],"class_list":["post-39514","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39514","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=39514"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39514\/revisions"}],"predecessor-version":[{"id":39526,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39514\/revisions\/39526"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39514"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39514"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39514"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}