Taking the government\u2019s six proffered circumstances which they claim add up to reasonable suspicion, the court finds them lacking on the totality. But, as defendant was being pulled over, he fled, and that made reasonable suspicion. United State v. Shelton, 2023 U.S. Dist. LEXIS 174069 (D. Ariz. Aug. 7, 2023). [He had no right to refuse contact.]<\/p>\n\n\n\n
Compare: <\/p>\n\n\n\n
Defendant was sitting in an idling car outside a drug house. A police car pulled up behind him, and the officer got out. Defendant got out of the car and walked away, and the officer followed asking questions, some of which were answered. Finally, defendant ran away, and officers gave chase. He had a gun on him. The stop was unreasonable. He had a right to not talk to the officers, and fleeing when he did was not even reasonable suspicion. State v. Ivery<\/a>, 2023-Ohio-3495, 2023 Ohio App. LEXIS 3392 (10th Dist. Sep. 28, 2023). [He had a right to refuse contact.]<\/p>\n\n\n\n None of defense counsel were ineffective for not challenging the search warrants for defendant\u2019s property. \u201cTaking these observations in their totality, combined with evidence of Vasquez’s status as a \u2018long-time, successful, drug-trafficker,\u2019 show that there was a nexus between evidence of drug activity and Vasquez’s residence under both the \u2018mov[ing] back and forth\u2019 and \u2018communications hub\u2019 standards. \u2026 Thus, both probable cause and a nexus between evidence of drug activity and Vasquez’s home are found such that the information in the affidavit provided an adequate basis for the Magistrate Judge to issue a warrant.\u201d United States v. Vasquez, 2023 U.S. Dist. LEXIS 173862 (D. Mass. Sep. 28, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":" Taking the government\u2019s six proffered circumstances which they claim add up to reasonable suspicion, the court finds them lacking on the totality. But, as defendant was being pulled over, he fled, and that made reasonable suspicion. United State v. Shelton, … Continue reading