{"id":52419,"date":"2022-05-22T03:56:10","date_gmt":"2022-05-22T08:56:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52419"},"modified":"2022-05-22T03:56:10","modified_gmt":"2022-05-22T08:56:10","slug":"ri-commercial-fishing-is-a-closely-regulated-industry-and-a-vessels-monitoring-system-could-be-examined","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52419","title":{"rendered":"RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined"},"content":{"rendered":"\n

Commercial fishing is a closely regulated industry. \u201cAppellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.\u201d Those were subject to inspection. Benson v. State, Dept. of Environmental Mgmt.<\/a>, 2022 R.I. Super. LEXIS 38 (May 19, 2022).<\/p>\n\n\n\n

Officers were dispatched to a \u201cfight in progress\u201d in a park and area known for juvenile fights.\u201c And from E.V.’s appearance and location \u2014 sweaty and out of breath and inside the apartment building \u2014 they reasonably suspected that he was involved in the assault.\u201d There was thus reasonable suspicion. People v. E.V.<\/a>, 2022 COA 53, 2022 Colo. App. LEXIS 737 (May 19, 2022).*<\/p>\n\n\n\n

The ticket writing process would take 7-8 minutes, and a second officer with a drug dog didn\u2019t extend the stop. Defendant\u2019s claim that the officer had a pretextual motive to search for drugs is factually evident, but barred by existing law. United States v. McMillin, 2022 U.S. Dist. LEXIS 89942 (D.Kan. May 18, 2022).*<\/p>\n\n\n\n

Defendant was seized without reasonable suspicion, and defense counsel was ineffective for not raising it. State v. Demby<\/a>, 2022 Del. Super. LEXIS 198 (Apr. 29, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Commercial fishing is a closely regulated industry. \u201cAppellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.\u201d … 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":[9,27,23,35,63],"tags":[],"class_list":["post-52419","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-dog-sniff","category-ineffective-assistance","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52419","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=52419"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52419\/revisions"}],"predecessor-version":[{"id":52420,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52419\/revisions\/52420"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52419"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52419"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52419"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}