{"id":53690,"date":"2022-12-01T09:59:25","date_gmt":"2022-12-01T14:59:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53690"},"modified":"2022-12-01T10:19:30","modified_gmt":"2022-12-01T15:19:30","slug":"ca4-video-showed-district-courts-findings-of-reasonableness-clearly-erroneous","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53690","title":{"rendered":"CA4: Video showed district court’s findings of reasonableness clearly erroneous"},"content":{"rendered":"\n

The video of this stop contradicted the district court\u2019s findings, and the motion to suppress should have been granted. \u201cHere, however, the video evidence does not support some of Officer Helms’s statements and impressions. As we explain, the district court clearly erred by crediting portions of Officer Helms’s testimony regarding whether Phillips was slow to stop and excessively nervous. These erroneous findings of fact ultimately led the district court to incorrectly find that Officer Helms possessed reasonable suspicion to extend the traffic stop.\u201d The district court\u2019s finding was clearly erroneous. United States v. Miller<\/a>, 2022 U.S. App. LEXIS 32834 (4th Cir. Nov. 29, 2022).<\/p>\n\n\n\n

A 14-day delay for issuance of a search warrant for defendant\u2019s cell phone was not unreasonable. Another 20 or so days for extraction was not unreasonable either. United States v. Vedrine<\/a>, 2022 U.S. App. LEXIS 32849 (11th Cir. Nov. 29, 2022).<\/p>\n\n\n\n

\u201cSeveral factual circumstances during the traffic stop contributed to a reasonable suspicion that Colbert was armed and dangerous: the odor of marijuana on his person, his delay in stopping and exiting his car, his hesitant and nervous behavior, and the bulge in his pant pocket. We examine whether each of these facts may be considered as part of the totality of the circumstances giving rise to a reasonable suspicion.\u201d United States v. Colbert<\/a>, 2022 U.S. App. LEXIS 32857 (7th Cir. Nov. 29, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The video of this stop contradicted the district court\u2019s findings, and the motion to suppress should have been granted. \u201cHere, however, the video evidence does not support some of Officer Helms’s statements and impressions. As we explain, the district court … 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":[35,16],"tags":[],"class_list":["post-53690","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53690","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=53690"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53690\/revisions"}],"predecessor-version":[{"id":53692,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53690\/revisions\/53692"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53690"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53690"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53690"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}