{"id":51276,"date":"2022-01-26T09:13:57","date_gmt":"2022-01-26T14:13:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51276"},"modified":"2022-01-26T09:14:39","modified_gmt":"2022-01-26T14:14:39","slug":"nj-race-and-being-%c2%be-mile-from-a-robbery-not-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51276","title":{"rendered":"NJ: Race and being \u00be mile from a robbery not RS"},"content":{"rendered":"\n<p>Defendants were stopped in a car \u00be of a mile and driving away from the scene of a 7-11 robbery. All the officer knew was there were two black males involved. In their car, there were three black males. That and the fact they didn\u2019t seem alarmed when he shined his car spotlight into the car was the cause for the stop. This was not reasonable suspicion on the totality. It was a generic description that applied to all black males in the vicinity. <a href=\"https:\/\/www.njcourts.gov\/attorneys\/assets\/opinions\/supreme\/a_39_20.pdf?c=Xil\">State v. Nyema<\/a>, 2022 N.J. LEXIS 67 (Jan. 25, 2022).<\/p>\n\n\n\n<p>Defendant tries here to turn a Franks challenge into a motion to dismiss for perjury before the grand jury. The claim of perjury is speculative and fails. United States v. Torres-Mejias, 2022 U.S. Dist. LEXIS 12715 (D.P.R. Jan. 24, 2022).*<\/p>\n\n\n\n<p>Plaintiff failed to raise a genuine issue of fact for his claim of excessive force during a blood draw. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2022\/01\/25\/20-15414.pdf\">Kennedy v. Watts<\/a>, 2022 U.S. App. LEXIS 2127 (9th Cir. Jan. 25, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendants were stopped in a car \u00be of a mile and driving away from the scene of a 7-11 robbery. All the officer knew was there were two black males involved. In their car, there were three black males. That &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51276\">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":[52,21,35],"tags":[],"class_list":["post-51276","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-franks-doctrine","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51276","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=51276"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51276\/revisions"}],"predecessor-version":[{"id":51278,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51276\/revisions\/51278"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51276"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51276"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51276"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}