{"id":42372,"date":"2020-02-15T11:14:49","date_gmt":"2020-02-15T16:14:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42372"},"modified":"2020-02-15T14:20:48","modified_gmt":"2020-02-15T19:20:48","slug":"sc-defs-encounter-with-police-after-getting-off-bus-was-consensual-and-led-to-a-valid-frisk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42372","title":{"rendered":"SC: Def&#8217;s encounter with police after getting off bus was consensual and led to a valid frisk"},"content":{"rendered":"<p>Defendant rode a \u201cChinese bus line,\u201d a bus that runs from NYC\u2019s Chinatown and doesn\u2019t stop at traditional bus stations. The police know that criminals ride this bus to avoid scrutiny. In Charleston, police were waiting and one person with four bags attracted their attention because he was curiously looking at them when all the other passengers were meeting people or calling for pickup. When the officers approached to talk to him, he wasn\u2019t seized. He kept his hands in his pockets, and that concerned the officers. Ultimately there was a frisk that produced crack by plain feel. The stop was consensual when it started, and the frisk was for safety purposes. <a href=\"https:\/\/www.sccourts.org\/opinions\/HTMLFiles\/SC\/27945.pdf\">State v. Spears<\/a>, 2020 S.C. LEXIS 11 (Feb. 12, 2020), rev&#8217;g  420 S.C. 363, 802 S.E.2d 803 (Ct. App. 2017).<\/p>\n<p>Two men touching hands did not provide probable cause to believe they engaged in a hand-to-hand drug transaction. Rolling a cigarette didn\u2019t add to it either. United States v. Miller, 2020 U.S. Dist. LEXIS 23632 (E.D. N.Y. Feb. 11, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant rode a \u201cChinese bus line,\u201d a bus that runs from NYC\u2019s Chinatown and doesn\u2019t stop at traditional bus stations. The police know that criminals ride this bus to avoid scrutiny. In Charleston, police were waiting and one person with &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=42372\">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":[24,35],"tags":[],"class_list":["post-42372","post","type-post","status-publish","format-standard","hentry","category-consent","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42372","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=42372"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42372\/revisions"}],"predecessor-version":[{"id":42382,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42372\/revisions\/42382"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42372"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42372"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42372"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}