{"id":43405,"date":"2020-04-07T07:07:09","date_gmt":"2020-04-07T12:07:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43405"},"modified":"2020-04-07T07:07:09","modified_gmt":"2020-04-07T12:07:09","slug":"e-d-va-no-rs-at-point-in-stop-where-officer-asked-about-weapons-and-for-consent-suppressed","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43405","title":{"rendered":"E.D.Va.: No RS at point in stop where officer asked about weapons and for consent; suppressed"},"content":{"rendered":"\n<p>There was no reasonable suspicion to extend the stop for the officer\u2019s questions about weapons and consent to search. There was no probable cause for the automobile exception to apply, and the product of the search can\u2019t justify it. Suppression of the search of the car granted. United States v. Shakur, 2020 U.S. Dist. LEXIS 59381 (E.D. Va. Apr. 3, 2020).<\/p>\n\n\n\n<p>Defendant was in custody and thus was entitled to a warning of his right to refuse consent to search his backpack, which the police failed to do as required by state case law. Denial of suppression reversed. <a href=\"https:\/\/www.in.gov\/judiciary\/opinions\/pdf\/04032001eft.pdf\">Atkins v. State<\/a>, 2020 Ind. App. LEXIS 132 (Apr. 3, 2020).*<br \/><\/p>\n\n\n\n<p>Fact questions remained after defendant\u2019s motion for summary judgment in plaintiff\u2019s \u00a7 1983 case on the reasonableness of defendant\u2019s use of force. The video isn\u2019t as clear on the issue as he says. Therefore, no qualified immunity and the appeal is dismissed. <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/20a0187n-06.pdf\">Banas v. Hagbom<\/a>, 2020 U.S. App. LEXIS 10597 (6th Cir. Apr. 1, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was no reasonable suspicion to extend the stop for the officer\u2019s questions about weapons and consent to search. There was no probable cause for the automobile exception to apply, and the product of the search can\u2019t justify it. Suppression &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43405\">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":[24,40,35],"tags":[],"class_list":["post-43405","post","type-post","status-publish","format-standard","hentry","category-consent","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43405","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=43405"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43405\/revisions"}],"predecessor-version":[{"id":43406,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43405\/revisions\/43406"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43405"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43405"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43405"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}