{"id":54537,"date":"2023-03-21T13:05:35","date_gmt":"2023-03-21T18:05:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54537"},"modified":"2023-03-21T13:05:35","modified_gmt":"2023-03-21T18:05:35","slug":"wa-stop-to-inquire-of-paying-transit-fare-violated-state-constitution","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54537","title":{"rendered":"WA: Stop to inquire of paying transit fare violated state constitution"},"content":{"rendered":"\n<p>Defendant\u2019s freedom under the state constitution to not be interfered with in his private affairs was violated by a stop and inquiry whether he had paid a transit fare. He provided a false name that led to his prosecution for that. State v. Meredith, 2023 Wash. LEXIS 126 (Mar. 16, 2023).*<\/p>\n\n\n\n<p>\u201c[W]e assume without deciding that Wynar violated Chavez&#8217;s Fourth Amendment rights by denying her access to her cell phone for one hour and 20 minutes. At the second step of the qualified immunity analysis, however, we conclude that the law regarding the denial of phone access was not clearly established.\u201d Chavez v. Wynar, 2023 U.S. App. LEXIS 6286 (9th Cir. Mar. 16, 2023).*<\/p>\n\n\n\n<p>You can\u2019t do an appeal ineffective assistance challenge on a search warrant without the warrant papers in the appellate record. People v. Jones, 2023 NY Slip Op 01452, 2023 N.Y. App. Div. LEXIS 1452 (4th Dept. Mar. 17, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s freedom under the state constitution to not be interfered with in his private affairs was violated by a stop and inquiry whether he had paid a transit fare. He provided a false name that led to his prosecution for &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54537\">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":[104,40,69,53],"tags":[],"class_list":["post-54537","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-qualified-immunity","category-seizure","category-state-constitution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54537","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=54537"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54537\/revisions"}],"predecessor-version":[{"id":54538,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54537\/revisions\/54538"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54537"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54537"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54537"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}