{"id":46076,"date":"2020-11-08T10:59:40","date_gmt":"2020-11-08T15:59:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46076"},"modified":"2020-11-09T06:06:04","modified_gmt":"2020-11-09T11:06:04","slug":"ks-officers-delay-in-seeking-backup-for-safety-reasons-of-nighttime-stop-where-he-was-outnumber-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46076","title":{"rendered":"KS: Officer&#8217;s delay by seeking backup for safety reasons during nighttime stop where he was outnumbered was reasonable"},"content":{"rendered":"\n<p>\u201cFrom the initiation of the traffic stop at 3:23 a.m. until the moment when Officer Trout observed drug paraphernalia in plain view next to Lutz, the stop was not measurably extended beyond its basic objective of processing the observed traffic violation. Calling for and waiting for backup officers was both reasonable and necessary given the time of morning, the relative inexperience of one of the two officers, the greater number of occupants in the car than officers on scene at the time, and Officer Austin&#8217;s knowledge of previous incidents involving Lutz in which firearms were discharged or were present.\u201d <a href=\"https:\/\/www.kscourts.org\/KSCourts\/media\/KsCourts\/Opinions\/117496_1.pdf?ext=.pdf\">State v. Lutz<\/a>, 2020 Kan. LEXIS 253 (Nov. 6, 2020).<\/p>\n\n\n\n<p>A mere passenger in a truck didn\u2019t have standing to contest the search. The police talked to the driver who they believed was the apparent owner and the driver produced the paperwork on the truck. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/202010423.pdf\">United States v. Lancon<\/a>, 2020 U.S. App. LEXIS 35155 (11th Cir. Nov. 6, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cFrom the initiation of the traffic stop at 3:23 a.m. until the moment when Officer Trout observed drug paraphernalia in plain view next to Lutz, the stop was not measurably extended beyond its basic objective of processing the observed traffic &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46076\">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":[63,34],"tags":[],"class_list":["post-46076","post","type-post","status-publish","format-standard","hentry","category-reasonableness","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46076","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=46076"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46076\/revisions"}],"predecessor-version":[{"id":46081,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46076\/revisions\/46081"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46076"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46076"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46076"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}