{"id":56041,"date":"2023-10-12T13:56:24","date_gmt":"2023-10-12T18:56:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56041"},"modified":"2023-10-12T13:56:24","modified_gmt":"2023-10-12T18:56:24","slug":"ca9-passenger-has-standing-to-challenge-reasonableness-of-length-of-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56041","title":{"rendered":"CA9: Passenger has standing to challenge reasonableness of length of stop"},"content":{"rendered":"\n<p>Defendant passenger had standing to challenge the length of the stop because it was his detention, too. There was, however, reasonable suspicion for that. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2023\/10\/10\/23-403.pdf\">United States v. Alvarez<\/a>, 2023 U.S. App. LEXIS 26980 (9th Cir. Oct. 10, 2023).<\/p>\n\n\n\n<p>\u201cStiff failed to file a motion to suppress in the trial court, resulting in his procedural default of this claim in this habeas proceeding. But even if had raised the issue properly in the state courts, his claim is not cognizable in this proceeding, because it is subject to dismissal under the rule announced in Stone v. Powell, 428 U.S. 465 (1976).\u201d Stiff v. Maarten, 2023 U.S. Dist. LEXIS 182620 (W.D. Mich. Oct. 11, 2023).*<\/p>\n\n\n\n<p>Probable cause was lacking, but it wasn\u2019t so obvious that the good faith exception should not apply. United States v. Simmons, 2023 U.S. Dist. LEXIS 182973 (W.D.N.Y. Oct. 11, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant passenger had standing to challenge the length of the stop because it was his detention, too. There was, however, reasonable suspicion for that. United States v. Alvarez, 2023 U.S. App. LEXIS 26980 (9th Cir. Oct. 10, 2023). \u201cStiff failed &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56041\">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":[11,34,129],"tags":[],"class_list":["post-56041","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-standing","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56041","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=56041"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56041\/revisions"}],"predecessor-version":[{"id":56042,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56041\/revisions\/56042"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56041"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56041"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56041"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}