{"id":41553,"date":"2019-12-31T00:00:32","date_gmt":"2019-12-31T05:00:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41553"},"modified":"2019-12-29T13:21:32","modified_gmt":"2019-12-29T18:21:32","slug":"n-d-ga-a-criminal-history-check-can-be-run-under-rodriguez-particularly-where-no-dl-on-person","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41553","title":{"rendered":"N.D.Ga.: A criminal history check can be run under <em>Rodriguez<\/em>, particularly where no DL on person"},"content":{"rendered":"<p>Defendant was stopped driving a moped without a helmet, and he was found not to have a license. \u201cThe officers also had the right [under Rodriguez] to check McIntosh&#8217;s criminal history during the stop, which included discovery in ISIS that McIntosh was on supervised release and in OMNIXX that he is a convicted felon.\u201d He was a felon in possession. United States v. McIntosh, 2019 U.S. Dist. LEXIS 220748 (N.D.Ga. Dec. 26, 2019).<\/p>\n<p>At a morning staff meeting, patrol officers were told of an arrest warrant for a guy named Lewis. The officer he was gassing up his patrol car in the area he regularly patrolled and saw defendant, a Lewis who he well knew also by reputation as a neighborhood bully, walk by. The officer radioed for more information on the name on the warrant as he followed. Defendant got to his house and the officer called out that he \u201cmay have a warrant on you.\u201d Defendant fled. Warrant or not, the circumstances added up to reasonable suspicion. There also was no violation of the curtilage. <a href=\"http:\/\/www.ca4.uscourts.gov\/opinions\/184487.U.pdf\">United States v. Lewis<\/a>, 2019 U.S. App. LEXIS 38491 (4th Cir. Dec. 26, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped driving a moped without a helmet, and he was found not to have a license. \u201cThe officers also had the right [under Rodriguez] to check McIntosh&#8217;s criminal history during the stop, which included discovery in ISIS that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41553\">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-41553","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41553","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=41553"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41553\/revisions"}],"predecessor-version":[{"id":41554,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41553\/revisions\/41554"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41553"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41553"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41553"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}