{"id":53951,"date":"2023-01-03T00:00:00","date_gmt":"2023-01-03T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53951"},"modified":"2022-12-31T10:56:16","modified_gmt":"2022-12-31T15:56:16","slug":"w-d-okla-validity-of-a-stop-doesnt-depend-on-whether-a-traffic-offense-actually-happened-just-whether-there-is-rs-it-did","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53951","title":{"rendered":"W.D.Okla.: Validity of a stop doesn&#8217;t depend on whether a traffic offense actually happened, just whether there is RS it did"},"content":{"rendered":"\n<p>\u201c[T]he constitutionality of the stop does not depend on whether the driver did, in fact, commit a traffic violation. The standard is reasonable suspicion of wrongdoing. If an officer reasonably thinks he saw a driver commit a traffic infraction, then that is enough to pull him over.\u201d United States v. Jones, 2022 U.S. Dist. LEXIS 233627 (W.D. Okla. Dec. 30, 2022).*<\/p>\n\n\n\n<p>The protective weapons sweep of defendant\u2019s car was justified by reasonable suspicion. Commonwealth v. Hendrick, 2022 Va. App. LEXIS 684 (Dec. 29, 2022).*<\/p>\n\n\n\n<p>During a consensual encounter in a car, the officer saw a firearm through the window. That view was not a search. United States v. Smither, 2022 U.S. Dist. LEXIS 233629 (E.D. Ky. Dec. 30, 2022).*<\/p>\n\n\n\n<p>Plaintiff\u2019s claim that state search warrants were actionable under \u00a7 1983 because improper methods were used under state statute states a claim. Burley v. Sumner Cty. 18th Judicial Dist. Drug Task Force, 2022 U.S. Dist. LEXIS 233663 (M.D. Tenn. Dec. 30, 2022).* [And this is contrary to Virginia v. Moore.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201c[T]he constitutionality of the stop does not depend on whether the driver did, in fact, commit a traffic violation. The standard is reasonable suspicion of wrongdoing. If an officer reasonably thinks he saw a driver commit a traffic infraction, then &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53951\">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":[51,22,35,63],"tags":[],"class_list":["post-53951","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-protective-sweep","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53951","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=53951"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53951\/revisions"}],"predecessor-version":[{"id":53952,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53951\/revisions\/53952"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53951"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53951"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53951"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}