{"id":49510,"date":"2021-08-28T08:38:28","date_gmt":"2021-08-28T13:38:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49510"},"modified":"2021-08-28T08:38:28","modified_gmt":"2021-08-28T13:38:28","slug":"ca7-consulting-ada-about-sw-affidavit-shows-gf-where-pc-question-somewhat-close","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49510","title":{"rendered":"CA7: Consulting ADA about SW affidavit shows GF where PC question somewhat close"},"content":{"rendered":"\n

\u201cAn objectively reasonable officer, having consulted with the State’s Attorney in the preparation of the complaint and affidavit accompanying the application for the warrant, could have relied in good faith on the search warrant that he obtained from a judge. The warrant here, although incomplete, was not so utterly lacking in indicia of probable cause that suppression is justified.\u201d United States v. Matthews<\/a>, 2021 U.S. App. LEXIS 25905 (7th Cir. Aug. 27, 2021).<\/p>\n\n\n\n

\u201cConsidering the above factors together, the State has met its burden of proving the deputy had reasonable suspicion to prolong the traffic stop based on the deputy’s objective observations during the stop: Appellee’s travel from one notorious drug-related destination to another, the prior criminal drug-related histories of all three occupants of the vehicle and the nervousness of at least two of the three occupants. Under the totality of the circumstances test, these facts justify \u2018a particularized and objective basis for suspecting legal wrongdoing.\u2019 \u2026 As the evidence was sufficient to support a finding of reasonable suspicion that the occupants were engaged in drug trafficking, we find no Fourth Amendment violation in Deputy Girdner’s continued detention of Appellee to allow for the open air sniff by the drug detection dog.\u201d Included was excessive nervousness, manifested by constant talking, that only increased and didn\u2019t subside. State v. Lewis<\/a>, 2021 OK CR 22, 2021 Okla. Crim. App. LEXIS 22 (Aug. 26, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cAn objectively reasonable officer, having consulted with the State’s Attorney in the preparation of the complaint and affidavit accompanying the application for the warrant, could have relied in good faith on the search warrant that he obtained from a judge. … Continue reading →<\/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":[11,35],"tags":[],"class_list":["post-49510","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49510","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=49510"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49510\/revisions"}],"predecessor-version":[{"id":49511,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49510\/revisions\/49511"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49510"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49510"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49510"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}