{"id":58458,"date":"2024-07-23T18:43:59","date_gmt":"2024-07-23T23:43:59","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58458"},"modified":"2024-07-23T18:43:59","modified_gmt":"2024-07-23T23:43:59","slug":"va-you-got-nothing-in-the-car-right-did-not-prolong-the-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58458","title":{"rendered":"VA: “\u2018you got nothing in the car, right?\u2019 did not prolong the stop”"},"content":{"rendered":"\n

\u201cThe trial court made a factual finding that Investigator Natiello’s question lasted the same amount of time that it would have taken to simply hand the documents back to Jones. In addition, the question occurred before the investigator addressed Jones’s running of the stop sign, informed Jones that he would not be cited for the traffic violation, and issued a warning to Jones. The \u2018tasks tied to the traffic infraction\u2019 had not been completed. Rodriguez, 575 U.S. at 353. The unrelated question \u2018you got nothing in the car, right?\u2019 did not prolong the stop. For that reason, the trial court did not err in denying the motion to suppress.\u201d Jones v. Commonwealth<\/a>, 2024 Va. App. LEXIS 426 (July 23, 2024) (unpublished).<\/p>\n\n\n\n

Plaintiff\u2019s Fourth Amendment claim against Ohio taxation authorities was previously decided against him and found barred by the Eleventh Amendment [thus res judicata]. Jabr v. Ohio Dep’t of Taxation, 2024 U.S. Dist. LEXIS 128627 (S.D. Ohio July 22, 2024).*<\/p>\n\n\n\n

Defendant\u2019s ineffective assistance of counsel claim fails. \u201cBut Smith does not allege that police lacked probable cause to search his car and he has not established that his attorney performed deficiently by not challenging this search.\u201d There was probable cause. United States v. Smith, 2024 U.S. Dist. LEXIS 129123 (E.D. Ky. July 23, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cThe trial court made a factual finding that Investigator Natiello’s question lasted the same amount of time that it would have taken to simply hand the documents back to Jones. In addition, the question occurred before the investigator addressed Jones’s … Continue reading →<\/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":[23,126,35],"tags":[],"class_list":["post-58458","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-issue-preclusion","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58458","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=58458"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58458\/revisions"}],"predecessor-version":[{"id":58459,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58458\/revisions\/58459"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58458"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58458"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58458"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}