{"id":45993,"date":"2020-11-01T08:23:52","date_gmt":"2020-11-01T13:23:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45993"},"modified":"2020-11-01T11:45:23","modified_gmt":"2020-11-01T16:45:23","slug":"co-hearing-shots-and-seeing-one-person-running-was-rs-as-to-him","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=45993","title":{"rendered":"CO: Hearing shots and seeing only one person running away from it was RS as to him"},"content":{"rendered":"\n<p>\u201cHere, Officer Guagliardo heard multiple shots coming from an apartment complex and seconds later saw Oliver, and only Oliver, fleeing the area. When instructed to stop, Oliver ran faster. Officer Guagliardo heard screams coming from the complex. Based on the specific and articulable facts, in conjunction with the inferences drawn from the circumstances, it was reasonable for Officer Guagliardo to infer that a crime had been committed and that Oliver may have been involved.\u201d Once safety concerns were dispelled, however, defendant should have been unhandcuffed and this was an arrest without probable cause. <a href=\"http:\/\/www.courts.state.co.us\/Courts\/Court_of_Appeals\/Opinion\/2020\/17CA1127-PD.pdf\">People v. Oliver<\/a>, 2020 COA 150, 2020 Colo. App. LEXIS 1818 (Oct. 29, 2020).<\/p>\n\n\n\n<p>\u201cPetitioner&#8217;s presentation of his claim to the state courts suffices to preclude review of the claim in a habeas corpus petition.\u201d Brown v. Smith, 2020 U.S. Dist. LEXIS 202301 (E.D. Mich. Oct. 30, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, Officer Guagliardo heard multiple shots coming from an apartment complex and seconds later saw Oliver, and only Oliver, fleeing the area. When instructed to stop, Oliver ran faster. Officer Guagliardo heard screams coming from the complex. Based on the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=45993\">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":[126,35],"tags":[],"class_list":["post-45993","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45993","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=45993"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45993\/revisions"}],"predecessor-version":[{"id":46001,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45993\/revisions\/46001"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45993"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45993"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45993"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}