{"id":54030,"date":"2023-01-12T00:00:00","date_gmt":"2023-01-12T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54030"},"modified":"2023-01-13T07:57:00","modified_gmt":"2023-01-13T12:57:00","slug":"ia-driving-while-black-rejected-because-of-objective-facts","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54030","title":{"rendered":"IA: &#8220;Driving while black&#8221; rejected because stop was objectively reasonable"},"content":{"rendered":"\n<p>Defendant sought to cast his stop as pretextual and \u201cdriving while black,\u201d but it\u2019s rejected because the stop was objectively reasonable. \u201cWe conclude that while the officer&#8217;s actions placed Cyrus in a situation with an unarguable \u2018moral and instinctive pressure[ ] to cooperate,\u2019 Officer Morgan did not engage in conduct recognized by our courts as a coercive environment \u2018significantly beyond that accepted in social intercourse\u2019 constituting an illegal seizure. See Fogg, 936 N.W.2d at 670 (quoting 4 LaFave, Search and Seizure \u00a7 9.4(a), at 581-82). Therefore, we affirm the district court&#8217;s denial of Cyrus&#8217;s motion to suppress.\u201d <a href=\"https:\/\/www.iowacourts.gov\/courtcases\/17173\/embed\/CourtAppealsOpinion\">State v. Cyrus<\/a>, 2023 Iowa App. LEXIS 37 (Jan. 11, 2023).<\/p>\n\n\n\n<p>Corroboration of the CI\u2019s innocent details makes the whole story more believable. Here, there was probable cause when coupled with a dog sniff. United States v. Rivera, 2023 U.S. Dist. LEXIS 3961 (D. Minn. Jan. 10, 2023).*<\/p>\n\n\n\n<p>This wasn\u2019t a traffic stop; it was a felony stop based on probable cause. United States v. Gordon, 2022 U.S. Dist. LEXIS 235042 (E.D. Mo. Nov. 16, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant sought to cast his stop as pretextual and \u201cdriving while black,\u201d but it\u2019s rejected because the stop was objectively reasonable. \u201cWe conclude that while the officer&#8217;s actions placed Cyrus in a situation with an unarguable \u2018moral and instinctive pressure[ &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54030\">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":[44,86],"tags":[],"class_list":["post-54030","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-pretext"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54030","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=54030"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54030\/revisions"}],"predecessor-version":[{"id":54037,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54030\/revisions\/54037"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54030"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54030"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54030"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}