{"id":55992,"date":"2023-10-05T09:58:05","date_gmt":"2023-10-05T14:58:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55992"},"modified":"2023-10-05T09:58:05","modified_gmt":"2023-10-05T14:58:05","slug":"ca11-officer-gets-qi-for-ordering-passenger-to-produce-id","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55992","title":{"rendered":"CA11: Officer gets QI for ordering passenger to produce ID"},"content":{"rendered":"\n<p>The officer in a Florida traffic stop could get the driver out of the vehicle as a matter of course under Mimms. Under Maryland v. Wilson, he could order the passenger out, too. It was not clearly established law that the officer could not ask the passenger for identifying information, and the officer thus gets qualified immunity. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/202110670.pdf\">Johnson v. Nocco<\/a>, 2023 U.S. App. LEXIS 26054 (11th Cir. Oct. 2, 2023).<\/p>\n\n\n\n<p>The failure to disclose the CI for this warrant had a prior for falsifying evidence wasn\u2019t material where there was other probable cause without it. United States v. Francis, 2023 U.S. Dist. LEXIS 177654 (D.N.H. Oct. 3, 2023).*<\/p>\n\n\n\n<p>Officers responding to a shots fired call encountered the defendant, and they talked to him. Shortly thereafter, they saw a gun in the cupholder, and that was plain view, and he was a felon in possession. United States v. Agee, 2023 U.S. Dist. LEXIS 177968 (N.D. Ill. Oct. 3, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer in a Florida traffic stop could get the driver out of the vehicle as a matter of course under Mimms. Under Maryland v. Wilson, he could order the passenger out, too. It was not clearly established law that &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55992\">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":[21,44,51,40],"tags":[],"class_list":["post-55992","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-informant-hearsay","category-plain-view","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55992","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=55992"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55992\/revisions"}],"predecessor-version":[{"id":55993,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55992\/revisions\/55993"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55992"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55992"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55992"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}