{"id":55207,"date":"2023-06-23T06:08:32","date_gmt":"2023-06-23T11:08:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55207"},"modified":"2023-06-24T10:31:10","modified_gmt":"2023-06-24T15:31:10","slug":"pa-justified-inquiry-about-presence-of-a-firearm-didnt-unreasonably-extend-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55207","title":{"rendered":"PA: Justified inquiry about presence of a firearm didn&#8217;t unreasonably extend stop"},"content":{"rendered":"\n<p>It was reasonable during defendant\u2019s traffic stop for the officer to inquire into whether he had a firearm because the officer figured out defendant was a security guard likely with a weapon. That did not unreasonably extend the stop. <a href=\"https:\/\/www.pacourts.us\/assets\/opinions\/Superior\/out\/J-A28017-22o%20-%20105575465228282964.pdf?cb=1\">Commonwealth v. Ross<\/a>, 2023 PA Super 113, 2023 Pa. Super. LEXIS 279 (June 20, 2023).<\/p>\n\n\n\n<p>The officer was reasonable in stopping defendant, even if mistaken as to the legal justification. United States v. Sarvis, 2023 U.S. Dist. LEXIS 105777 (D.S.C. June 16, 2023).*<\/p>\n\n\n\n<p>\u201cNotwithstanding Fisk&#8217;s testimony, the appropriate inquiry here is not whether Officer Perkins was correct in his assessment of the alleged traffic violation. Rather, the question is did he \u2018possess \u201ca particularized and objective basis for suspecting the person stopped of criminal activity[,]\u201d\u2019 Singh, 363 F.3d at 355, demonstrated through \u2018specific and articulable facts which, taken together with rational inferences from those facts, evince more than an inchoate and unparticularized suspicion or hunch of criminal activity.\u2019 Ortiz, 669 F.3d at 444.\u201d United States v. Sarvis, 2023 U.S. Dist. LEXIS 105777 (D.S.C. June 16, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was reasonable during defendant\u2019s traffic stop for the officer to inquire into whether he had a firearm because the officer figured out defendant was a security guard likely with a weapon. That did not unreasonably extend the stop. Commonwealth &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55207\">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":[35,63],"tags":[],"class_list":["post-55207","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55207","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=55207"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55207\/revisions"}],"predecessor-version":[{"id":55209,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55207\/revisions\/55209"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55207"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55207"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55207"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}