{"id":48991,"date":"2021-07-07T05:20:37","date_gmt":"2021-07-07T10:20:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48991"},"modified":"2021-07-07T05:20:37","modified_gmt":"2021-07-07T10:20:37","slug":"n-d-ind-search-incident-of-unconscious-man-unreasonable-without-arrest-or-justification","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48991","title":{"rendered":"N.D.Ind.: Search incident of unconscious man unreasonable without arrest or justification"},"content":{"rendered":"\n<p>A search incident of the unconscious defendant was unreasonable because it lacked any justification. He wasn\u2019t arrested to be searched incident to it. United States v. Johnson, 2021 U.S. Dist. LEXIS 125188 (N.D. Ind. July 6, 2021).<\/p>\n\n\n\n<p>Defendant abandoned his cell phone by leaving it in a restaurant, talking to a waitress in a hostile and demeaning way, and then firing a gun at a security guard and running off. Futrell v. Commonwealth, 2021 Va. App. LEXIS 111 (July 6, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s stop and frisk was unreasonable. \u201cThe officers had no prior knowledge of the Defendant, no knowledge that he had been convicted of a felony, or had any criminal record. The officers saw an individual exiting a liquor store with his purchase, and an inch of an extended magazine. Reasonable suspicion requires more than a hunch.\u201d United States v. Floyd, 2021 U.S. Dist. LEXIS 125074 (E.D. Mich. July 6, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A search incident of the unconscious defendant was unreasonable because it lacked any justification. He wasn\u2019t arrested to be searched incident to it. United States v. Johnson, 2021 U.S. Dist. LEXIS 125188 (N.D. Ind. July 6, 2021). Defendant abandoned his &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48991\">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":[48,26,4],"tags":[],"class_list":["post-48991","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-search-incident","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48991","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=48991"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48991\/revisions"}],"predecessor-version":[{"id":48992,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48991\/revisions\/48992"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48991"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48991"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48991"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}