{"id":39561,"date":"2019-09-07T10:04:03","date_gmt":"2019-09-07T15:04:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39561"},"modified":"2019-09-07T10:04:03","modified_gmt":"2019-09-07T15:04:03","slug":"ca5-immigration-stop-was-short-and-then-justified-being-extended-by-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39561","title":{"rendered":"CA5: Immigration stop was short and then justified being extended by RS"},"content":{"rendered":"<p>\u201cThe less-than-three-minute immigration stop was sufficiently brief under the Fourth Amendment &#8230;, and Escobar&#8217;s nervous and evasive behavior, unusual responses to lawful questions, and provision of a suspicious bill of lading gave agents sufficient reasonable suspicion to extend the stop. &#8230;  Rodriguez v. United States, 135 S. Ct. 1609 (2015), does not alter this calculus. &#8230;\u201d <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/18\/18-40717.0.pdf\">United States v. Escobar<\/a>, 2019 U.S. App. LEXIS 26941 (5th Cir. Sept. 5, 2019).*<\/p>\n<p>The dash cam video supports the officer\u2019s testimony defendants were following too close in their rental car. Whether the stop was pretextual doesn\u2019t matter because there is a factual and legal basis for it. The basic part of the stop lasted only seven minutes, and the court finds reasonable suspicion developed during that time. Consent was given allegedly by one without authority, but the trooper told the other who didn\u2019t object. United States v. Cox, 2019 U.S. Dist. LEXIS 149972 (W.D. Ark. Sept. 4, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe less-than-three-minute immigration stop was sufficiently brief under the Fourth Amendment &#8230;, and Escobar&#8217;s nervous and evasive behavior, unusual responses to lawful questions, and provision of a suspicious bill of lading gave agents sufficient reasonable suspicion to extend the stop. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39561\">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":[94,35],"tags":[],"class_list":["post-39561","post","type-post","status-publish","format-standard","hentry","category-immigration-checkpoints","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39561","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=39561"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39561\/revisions"}],"predecessor-version":[{"id":39562,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39561\/revisions\/39562"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39561"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39561"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39561"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}