{"id":59319,"date":"2024-11-10T11:38:32","date_gmt":"2024-11-10T16:38:32","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59319"},"modified":"2024-11-10T11:38:32","modified_gmt":"2024-11-10T16:38:32","slug":"az-a-traffic-offense-could-be-used-to-stop-defendant-to-question-him-about-a-fatal-accident-11-days-earlier","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59319","title":{"rendered":"AZ: A traffic offense could be used to stop defendant to question him about a fatal accident 11 days earlier"},"content":{"rendered":"\n<p>Defendant committed a traffic offense and was stopped. Officers had reasonable suspicion he left the scene of a fatal accident 11 days earlier, and officers wanted to talk to him about that. The stop was not pretextual because there was a factual basis for it. <a href=\"https:\/\/www.azcourts.gov\/Portals\/0\/OpinionFiles\/Div1\/2024\/1%20CA-CR%2023-0370%20State%20v.%20Foster%20OP%20dissent.pdf\">State v. Foster<\/a>, 2024 Ariz. App. LEXIS 142 (Nov. 7, 2024).<\/p>\n\n\n\n<p>\u201cBased on the recited facts, we agree that a reasonable juror could conclude that Hughes was not suspected of having committed a serious crime, posed no immediate threat to the officers, was not attempting to flee from arrest, and was outnumbered. This is adequate to state a Fourth Amendment violation.\u201d Hughes v. Herbster, 2024 U.S. App. LEXIS 28279 (3d Cir. Nov. 7, 2024).*<\/p>\n\n\n\n<p>In this child pornography case, the police breached the door of defendant\u2019s home because they feared erasure of all the data by resetting the cell phone. When they had the phone in hand, they told defendant to give the passcode, which he did. That is not even discussed on appeal. Malone v. State, 2024 Tex. App. LEXIS 7860 (Tex. App. \u2013 Corpus Christi &#8211; Edinburg Nov. 7, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant committed a traffic offense and was stopped. Officers had reasonable suspicion he left the scene of a fatal accident 11 days earlier, and officers wanted to talk to him about that. The stop was not pretextual because there was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59319\">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":[5,52],"tags":[],"class_list":["post-59319","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-excessive-force"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59319","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=59319"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59319\/revisions"}],"predecessor-version":[{"id":59320,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59319\/revisions\/59320"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59319"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59319"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59319"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}