{"id":58614,"date":"2024-08-14T05:42:11","date_gmt":"2024-08-14T10:42:11","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58614"},"modified":"2024-08-14T05:42:11","modified_gmt":"2024-08-14T10:42:11","slug":"d-mont-asking-about-drugs-made-this-stop-intimidating-and-governed-by-rodrieguez","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58614","title":{"rendered":"D.Mont.: Asking about drugs made this stop intimidating and governed by <em>Rodrieguez<\/em>"},"content":{"rendered":"\n<p>During this stop, the officer finally asked about drugs in the car. \u201cAt this moment, the encounter became intimidating, and a reasonable person in Tripp&#8217;s situation would not feel free to leave. The encounter thus ripened into a Terry, or investigative, stop, which required reasonable suspicion that Tripp was engaged in criminal activity.\u201d The officer thought a straw was drug paraphernalia, but it was a clean drinking straw, and any reasonable suspicion evaporated. Motion to suppress granted. United States v. Tripp, 2024 U.S. Dist. LEXIS 139539 (D. Mont. Aug. 6, 2024).<\/p>\n\n\n\n<p>There was probable cause for the warrant on the totality of the affidavit. A typo didn\u2019t create a Franks issue. \u201cDespite the \u2018West v. East\u2019 error on the face of the search warrant, Leon is applicable because defendant Jordan has not established that a Franks violation occurred.\u201d United States v. Jordan, 2024 U.S. Dist. LEXIS 139481 (E.D. Mo. June 18, 2024),* adopted, 2024 U.S. Dist. LEXIS 138249 (E.D. Mo. Aug. 5, 2024).*<\/p>\n\n\n\n<p>Probable cause developed during the traffic stop. United States v. Sena, 2024 U.S. Dist. LEXIS 139672 (D.N.M. Aug. 6, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>During this stop, the officer finally asked about drugs in the car. \u201cAt this moment, the encounter became intimidating, and a reasonable person in Tripp&#8217;s situation would not feel free to leave. The encounter thus ripened into a Terry, or &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58614\">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":[20,35],"tags":[],"class_list":["post-58614","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58614","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=58614"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58614\/revisions"}],"predecessor-version":[{"id":58615,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58614\/revisions\/58615"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58614"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58614"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}