{"id":6324,"date":"2012-06-10T19:58:35","date_gmt":"2011-11-28T00:33:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-27T09:04:15","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6324","title":{"rendered":"KY: RS existed for stop of group where some were dealing drugs on street"},"content":{"rendered":"

Despite Ybarra<\/a>, the police had reasonable suspicion for a stop and frisk of defendant who was with a group where some were openly dealing drugs in front of a house. Williams v. Commonwealth<\/a>, 364 S.W.3d 65 (Ky. 2011):<\/p>\n

Police had reasonable, articulable suspicion of criminal activity to justify the Terry stop of Williams. He was part of a distinct group of nine people loitering in front of a vacant house. Police observed two or more members of the group smoking marijuana, and one person adulated to police that he possessed a bag of marijuana. When police approached, they quickly discovered two handguns on two different people. So the officers had reasonable, articulable suspicion of drug use and the potentially dangerous presence of concealed deadly weapons justifying an investigatory stop of all the persons in this group. Once the officer made the constitutional investigatory stop, he had reason to believe that Williams was armed and dangerous because the officer saw the bulge created by the handgun concealed in Williams’s clothing in the center of Williams’s back. So we find that this seizure of Williams was a constitutional Terry stop.<\/p><\/blockquote>\n

While defendant originally refused to consent saying that the apartment he was staying in belonged to his friend, he still had a reasonable expectation of privacy in the apartment. He ultimately consented to an entry to look at a rifle that he said had been left there by another for hunting when it was not yet hunting season. He was then a felon in possession. United States v. Rogers<\/a>, 661 F.3d 991 (8th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-6324","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6324","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=6324"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6324\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6324"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6324"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6324"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}