{"id":61124,"date":"2025-05-28T07:13:25","date_gmt":"2025-05-28T12:13:25","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61124"},"modified":"2025-05-28T07:13:25","modified_gmt":"2025-05-28T12:13:25","slug":"mt-no-rs-for-continued-stop-but-def-consented-to-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61124","title":{"rendered":"MT: No RS for continued stop, but def consented to it"},"content":{"rendered":"\n

The officer\u2019s observation of \u201ca driver’s nervousness, an unspecified prior history of drug use, and the officer’s assertion that the driver failed to pull over quickly enough do not alone combine to show particularized suspicion of illegal drug activity.\u201d Nevertheless, she consented to continuing the conversation with the officer and that was enough to be consent. Denial of motion to suppress affirmed. State v. Summers<\/a>, 2025 MT 109, 2025 Mont. LEXIS 565 (May 27, 2025).<\/p>\n\n\n\n

\u201cIn light of the prevailing legal standard, Defendant is not entitled to a Franks hearing because he has not made the requisite substantial preliminary showing. See Franks, 438 U.S. at 171. Defendant failed to make the threshold showing for two reasons: (1) he failed to make an offer of proof showing that Detective Saylor misstated or omitted information from the Affidavit knowingly and intentionally or with reckless disregard for the truth; and (2) even if the information that Defendant claims is a misstatement or omission is excised or inserted, the Affidavit still would contain sufficient content to support a finding of probable cause.\u201d United States v. Rodich, 2025 U.S. Dist. LEXIS 99569 (W.D. Pa. May 27, 2025).*<\/p>\n\n\n\n

Officers seeing defendant stick a firearm out the sunroof was probable cause for the vehicle. United States v. Young, 2025 U.S. Dist. LEXIS 99522 (E.D. Ky. May 27, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer\u2019s observation of \u201ca driver’s nervousness, an unspecified prior history of drug use, and the officer’s assertion that the driver failed to pull over quickly enough do not alone combine to show particularized suspicion of illegal drug activity.\u201d Nevertheless, … 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":[21,20,35],"tags":[],"class_list":["post-61124","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61124","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=61124"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61124\/revisions"}],"predecessor-version":[{"id":61125,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61124\/revisions\/61125"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}