{"id":43607,"date":"2020-05-06T09:07:53","date_gmt":"2020-05-06T14:07:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43607"},"modified":"2020-05-08T08:46:58","modified_gmt":"2020-05-08T13:46:58","slug":"ut-stop-based-on-query-to-insure-rite-database-was-with-rs-despite-database-being-updated-biweekly","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43607","title":{"rendered":"UT: Stop based on query to Insure-Rite database was with RS despite database being updated biweekly"},"content":{"rendered":"\n<p>Defendant was stopped because the Utah Criminal Justice Information System querying the Insure-Rite database showed he had no car insurance. Once stopped, he admitted he didn\u2019t have a DL either. Then, outstanding warrants were found. Defendant\u2019s claim the Insure-Rite database is unreliable because it is updated only twice a month is unavailing. This was still reasonable suspicion. <a href=\"https:\/\/www.utcourts.gov\/opinions\/appopin\/West%20Valley%20City%20v.%20Temblador-Topete20200416_20190279_64.pdf\">W. Valley City v. Temblador-Topete<\/a>, 2020 UT App 64, 2020 Utah App. LEXIS 62 (Apr. 16, 2020).<\/p>\n\n\n\n<p>Defendant moves to dismiss because the execution of the search warrant does not show facts to connect him to the drugs or firearm. Rule 12(b)(3) motions are reserved for questions of law. This raises questions of fact, and that\u2019s what the trial is for. United States v. Coats, 2020 U.S. Dist. LEXIS 67530 (N.D. Ind. Apr. 15, 2020).<\/p>\n\n\n\n<p>The use of fake subpoenas to coerce witnesses to appear at the DA\u2019s office to provide information  under threat of arrest was not entitled to absolute immunity. Singleton v. Cannizzaro, 2020 U.S. App. LEXIS 12784 (5th Cir. Apr. 21, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped because the Utah Criminal Justice Information System querying the Insure-Rite database showed he had no car insurance. Once stopped, he admitted he didn\u2019t have a DL either. Then, outstanding warrants were found. Defendant\u2019s claim the Insure-Rite database &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43607\">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":[40,35,81],"tags":[],"class_list":["post-43607","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity","category-reasonable-suspicion","category-subpoenas"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43607","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=43607"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43607\/revisions"}],"predecessor-version":[{"id":43696,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43607\/revisions\/43696"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43607"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43607"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}