{"id":62909,"date":"2026-01-27T11:43:08","date_gmt":"2026-01-27T16:43:08","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62909"},"modified":"2026-01-27T14:45:41","modified_gmt":"2026-01-27T19:45:41","slug":"d-minn-the-reason-for-the-stop-was-pretextual-but-it-was-with-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62909","title":{"rendered":"D.Minn.: The stated reason for the stop was pretextual, but it was with PC"},"content":{"rendered":"\n<p>There was probable cause for the stop and search of defendant\u2019s car before the pretextual stop. Therefore, it was all valid. United States v. Nieves, 2025 U.S. Dist. LEXIS 272309 (D. Minn. Dec. 1, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s stop was with reasonable suspicion of speeding two miles over the speed limit, then he crossed the fog line twice before the stop. But the CI provided probable cause for a stop anyway. United States v. Lombida, 2026 U.S. Dist. LEXIS 13790 (D.S.C. Jan. 26, 2026).*<\/p>\n\n\n\n<p>Looking in defendant\u2019s vehicle while closing the door was a plain view. United States v. Shaw, 2026 U.S. Dist. LEXIS 13454 (W.D. Pa. Jan. 26, 2026).*<\/p>\n\n\n\n<p>Defendant consented to the search of his cell phone, and giving the password. He contends it was limited to a Reddit thread, which it was. The next day the officer got a warrant for the phone, and it was with probable cause. United States v. Nigro, 2025 U.S. Dist. LEXIS 272270 (D.S.D. Dec. 11, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was probable cause for the stop and search of defendant\u2019s car before the pretextual stop. Therefore, it was all valid. United States v. Nieves, 2025 U.S. Dist. LEXIS 272309 (D. Minn. Dec. 1, 2025).* Defendant\u2019s stop was with reasonable &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62909\">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":[36,24,51,86,35],"tags":[],"class_list":["post-62909","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-consent","category-plain-view","category-pretext","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62909","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=62909"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62909\/revisions"}],"predecessor-version":[{"id":62914,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62909\/revisions\/62914"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}