{"id":52144,"date":"2022-04-16T18:33:50","date_gmt":"2022-04-16T23:33:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52144"},"modified":"2022-04-17T06:19:03","modified_gmt":"2022-04-17T11:19:03","slug":"cal-1-being-under-investigation-for-something-else-and-then-being-in-a-high-crime-area-is-not-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52144","title":{"rendered":"Cal.1: Being “under investigation” for something else and then being in a “high crime area” is not RS"},"content":{"rendered":"\n

Being \u201cunder investigation\u201d for some crime and then being seen in a \u201chigh crime area\u201d is not reasonable suspicion. \u201cAnd \u2018a person’s Fourth Amendment rights cannot be lessened simply because he or she is \u201cunder investigation\u201d by the police. Just as an officer’s knowledge of a suspect’s past arrests or convictions is inadequate to furnish reasonable suspicion; so too is knowledge that a suspect is merely under investigation, which is an even more tentative, potentially innocuous step towards determining criminal activity.\u2019\u201d People v. Pantoja<\/a>, 2022 Cal. App. LEXIS 311 (1st Dist. Mar. 24, 2022).<\/p>\n\n\n\n

There was reasonable suspicion for defendant\u2019s stop where he was running on a rainy day in February holding something in the pocket of his sweatshirt and then tried to enter an abandoned house. People v. Lozano<\/a>, 2022 IL App (1st) 182170, 2022 Ill. App. LEXIS 173 (Apr. 13, 2022).*<\/p>\n\n\n\n

Defendant assumed the risk when he left his car with someone else that they would consent to a search. And he left it with an undercover officer. United States v. Waligorski, 2022 U.S. Dist. LEXIS 68149 (D.N.M. Apr. 13, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Being \u201cunder investigation\u201d for some crime and then being seen in a \u201chigh crime area\u201d is not reasonable suspicion. \u201cAnd \u2018a person’s Fourth Amendment rights cannot be lessened simply because he or she is \u201cunder investigation\u201d by the police. Just … 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":[18,35],"tags":[],"class_list":["post-52144","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52144","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=52144"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52144\/revisions"}],"predecessor-version":[{"id":52149,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52144\/revisions\/52149"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52144"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52144"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52144"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}