{"id":4986,"date":"2011-02-01T08:18:52","date_gmt":"2010-12-13T07:27:29","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-13T07:27:29","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4986","title":{"rendered":"IN: Officer not obligated to give a parking ticket before defendant drove off; stop was reasonable"},"content":{"rendered":"

The officer here saw the defendant parking in a handicapped spot without a sticker, and then drove off. That justified the stop, and defendant was driving with his DL forfeited for life, and that’s a felony. Haynes v. State<\/a>, 937 N.E.2d 1248 (Ind. App. 2010).*<\/p>\n

Different recollections of the police officers as to \u201cthe time and place that consent\u201d did not go to the voluntariness and was insufficient to find the trial court\u2019s finding erroneous. Clemmons v. State<\/a>, 2010 Ark. App. 810, 2010 Ark. App. LEXIS 856 (December 8, 2010).*<\/p>\n

Police bike officers saw a middle aged couple in a park talking, and they seemed unusual for the park because of their age. So, the officers came up and asked for ID but said that they were not in any trouble. It turned out the man was under a restraining order to stay away from the woman, and he was arrested for it. One officer asked the woman in an after thought whether she had anything in her purse that was illegal, and she said no, and then consented to a search of her purse. A reasonable person would not have concluded that she was seized at the time she consented. State v. Ashbaugh<\/a>, 349 Ore. 297, 244 P.3d 360 (),* revg State v. Ashbaugh, 225 Ore. App. 16, 200 P.3d 149 (2008):<\/p>\n

Considering the totality of the circumstances, we conclude that [Officer] Schaer\u2019s actions in asking defendant the questions that he did under the circumstances that existed did not \u201cintentionally and significantly\u201d restrict or interfere with her liberty. We further conclude that an objectively reasonable person in defendant\u2019s circumstances would not believe that Schaer had done so. Accordingly, we reject defendant\u2019s contention that, in light of the surrounding circumstances, Schaer\u2019s questions about the contents of her purse and his request for consent to search the purse amounted to a seizure for purposes of Article I, section 9, of the Oregon Constitution. It follows that, whatever connection there might be between those questions and defendant\u2019s consent to the search of her purse, the consent was not the product of an unlawful seizure.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4986","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4986","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4986"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4986\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}