{"id":6578,"date":"2012-05-28T20:38:14","date_gmt":"2012-01-23T00:27:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-22T11:57:23","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6578","title":{"rendered":"KY: Officer&#8217;s curiousity not a valid ground for stop"},"content":{"rendered":"<p>\u201cWhen Officer Dunn asked West to step out of the car, he had already ascertained that there were no warrants or other problems relating to West and his passengers. He had observed no new behavior or learned any new facts in addition to what he had noted during the course of the stop. His motive, which he described as curiosity to see what was going on, did not give rise to a reasonable and articulable suspicion of criminal activity to justify asking West to step out of the car.\u201d <a href=\"http:\/\/162.114.92.72\/COA\/2010-CA-001477.pdf#xml=http:\/\/162.114.92.72\/dtsearch.asp?cmd=pdfhits&amp;DocId=23367&amp;Index=D%3a%5cInetpub%5cwwwroot%5cindices%5cCourt%5fof%5fAppeals%5fIndex&amp;HitCount=6&amp;hits=17+18+3b+3c+c0+c1+&amp;hc=74&amp;req=kevin+west\">West v. Commonwealth<\/a>, 358 S.W.3d 501 (Ky. App. 2012).<\/p>\n<p>Defendant\u2019s questioning at the scene of his arrest fleeing from a bank robbery was valid under the public safety exception of <a href=\"http:\/\/scholar.google.com\/scholar_case?case=13717772316457971707&amp;q=quarles&amp;hl=en&amp;as_sdt=2,4\">Quarles<\/a>, even though he was handcuffed and out of the car. Through the window, the officer could see the proceeds of the bank robbery and the bandana defendant wore. <a href=\"http:\/\/www.ca7.uscourts.gov\/fdocs\/docs.fwx?submit=showbr&amp;shofile=11-2736_002.pdf\">United States v. Miller<\/a>, 456 Fed. Appx. 595 (7th Cir. 2012) (unpublished).*<\/p>\n<p>Discarded baggy of drugs on flight from officers was not shown to be the result of unconstitutional action by the officers. United States v. Patton, 2012 U.S. Dist. LEXIS 6096 (D.Kan. January 18, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6578\">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-6578","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6578","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=6578"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6578\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6578"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6578"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6578"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}