{"id":6160,"date":"2012-08-23T08:40:12","date_gmt":"2011-10-20T09:50:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-20T09:50:28","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6160","title":{"rendered":"MS: Lack of a citation does not mean the stop was unreasonable or without basis"},"content":{"rendered":"<p>The fact an officer does not give a citation is not determinative of whether there was reasonable suspicion for the stop in the first place. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO72898.pdf\">Mosley v. State<\/a>, 89 So. 3d 41 (Miss. App. 2011).*<\/p>\n<p>The stop was for a seat belt violation, but the officer encountered the strong smell of burnt marijuana as he approached. From the video, it is apparent that defendant consented, but the officer had probable cause from the smell of marijuana. <a href=\"http:\/\/courts.ms.gov\/Images\/Opinions\/CO72906.pdf\">Austin v. State<\/a>, 72 So. 3d 565 (Miss. App. 2011).*<\/p>\n<p>Officers had reasonable suspicion to believe that the defendants were involved in a carjacking because they fit the description in the BOLO and near the scene and they were evasive as officers approached. This was more than a here hunch. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/davischristopheropn.pdf\">State v. Davis<\/a>, 354 S.W.3d 718 (Tenn. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6160\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6160","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6160","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6160"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6160\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6160"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6160"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6160"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}