{"id":52130,"date":"2022-04-15T17:44:52","date_gmt":"2022-04-15T22:44:52","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52130"},"modified":"2022-04-15T17:44:52","modified_gmt":"2022-04-15T22:44:52","slug":"ca10-defs-actions-were-completely-consistent-with-innocence-and-did-not-add-up-to-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52130","title":{"rendered":"CA10: Def&#8217;s actions were completely consistent with innocence and did not add up to RS"},"content":{"rendered":"\n<p>The officer did not have reasonable suspicion for defendant\u2019s stop or its continuation. Defendant\u2019s actions were consistent with somebody who had nothing to hide, and the district court\u2019s findings got no presumption of correctness. Denial of the suppression motion reversed. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010110670434.pdf\">United States v. Frazier<\/a>, 2022 U.S. App. LEXIS 9912 (10th Cir. Apr. 13, 2022).<\/p>\n\n\n\n<p>Defendant\u2019s ineffective assistance of counsel suppression claims fail. The issue was addressed at trial, in the direct appeal, and now on post-conviction. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=331830\">State v. Jackson<\/a>, 2022 Del. Super. LEXIS 143 (Apr. 11, 2022).*<\/p>\n\n\n\n<p>The officer had reasonable suspicion to detain defendant based on information from a detective who had been investigating her and his own observations. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/22\/04\/211788P.pdf\">United States v. Johnson<\/a>, 2022 U.S. App. LEXIS 9900 (8th Cir. Apr. 13, 2022).*<\/p>\n\n\n\n<p>Defendant\u2019s consent was voluntary on the totality, even though he spoke an indigenous language from Mexico and learned some Spanish in school. United States v. Merino-Lopez, 2022 U.S. Dist. LEXIS 66788 (D.Ariz. Mar. 21, 2022).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer did not have reasonable suspicion for defendant\u2019s stop or its continuation. Defendant\u2019s actions were consistent with somebody who had nothing to hide, and the district court\u2019s findings got no presumption of correctness. Denial of the suppression motion reversed. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52130\">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":[23,35,28],"tags":[],"class_list":["post-52130","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion","category-voluntariness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52130","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=52130"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52130\/revisions"}],"predecessor-version":[{"id":52131,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52130\/revisions\/52131"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52130"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52130"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52130"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}