{"id":61295,"date":"2025-06-15T12:40:05","date_gmt":"2025-06-15T17:40:05","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61295"},"modified":"2025-06-15T12:40:05","modified_gmt":"2025-06-15T17:40:05","slug":"de-there-was-rs-for-handcuffing-and-frisk-of-visitor-during-a-probation-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61295","title":{"rendered":"DE: There was RS for handcuffing and frisk of visitor during a probation search"},"content":{"rendered":"\n<p>Defendant was a visitor in a home subjected to a probation search, and his movements and words justified handcuffing him to maintain the status quo and then patting him down. \u201cTherefore, Roane&#8217;s behavior created both reasonable, articulable suspicion regarding both criminal activity and a legitimate fear for officer safety, and once the heroin was located, the officers were constitutionally permitted to continue their search incident to arrest which led to the discovery of the crack cocaine.\u201d <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=380970\">State v. Roane<\/a>, 2025 Del. Super. LEXIS 301 (June 13, 2025).<\/p>\n\n\n\n<p>The officer\u2019s drawing his weapon during a nighttime stop was not unreasonable considering he was alone and it didn\u2019t transform the stop into an arrest. Looking at the back seat was reasonable. The smell of marijuana then justified the vehicle search. United States v. Alvarez, 2025 U.S. App. LEXIS 14656 (11th Cir. June 13, 2025).*<\/p>\n\n\n\n<p>Defendant wasn\u2019t entitled to a Miranda warning before implied consent to a BAC test.<br \/>Watters v. State, 2025 Ga. App. LEXIS 243 (June 13, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a visitor in a home subjected to a probation search, and his movements and words justified handcuffing him to maintain the status quo and then patting him down. \u201cTherefore, Roane&#8217;s behavior created both reasonable, articulable suspicion regarding both &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61295\">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":[55,58,4],"tags":[],"class_list":["post-61295","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-probationparole-search","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61295","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=61295"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61295\/revisions"}],"predecessor-version":[{"id":61296,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61295\/revisions\/61296"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}