{"id":39586,"date":"2019-09-08T17:46:43","date_gmt":"2019-09-08T22:46:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39586"},"modified":"2019-09-08T17:47:16","modified_gmt":"2019-09-08T22:47:16","slug":"ca10-def-could-not-be-charged-with-obstruction-for-refusing-patdown-that-lacked-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39586","title":{"rendered":"CA10: Def could not be charged with obstruction for refusing patdown that lacked RS"},"content":{"rendered":"<p>&#8220;The officer arrested Romero for obstruction because he failed to immediately comply with the officer&#8217;s request that he submit to a pat-down search. Romero argued in his motion that the firearm must be suppressed because the officer had neither (1) reasonable suspicion to conduct the pat-down search nor (2) probable cause to arrest Romero for obstruction. The district court denied Romero&#8217;s motion. We reverse, because we agree with Romero&#8217;s latter argument that there was insufficient probable cause to support an arrest under [N.M.&#8217;s] section 30-22-1(D). Thus, the search of the backpack cannot be supported as a search incident to arrest. Because of this ruling, we do not address Romero&#8217;s first argument that there was no reasonable suspicion to support the initial pat-down search. We remand this case to the district court for further proceedings.&#8221; <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/18\/18-2180.pdf\">United States v. Romero<\/a>, 2019 U.S. App. LEXIS 26779 (10th Cir. Sept. 5, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8220;The officer arrested Romero for obstruction because he failed to immediately comply with the officer&#8217;s request that he submit to a pat-down search. Romero argued in his motion that the firearm must be suppressed because the officer had neither (1) &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39586\">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-39586","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39586","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=39586"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39586\/revisions"}],"predecessor-version":[{"id":39588,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39586\/revisions\/39588"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39586"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39586"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39586"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}