{"id":6613,"date":"2012-06-10T19:54:24","date_gmt":"2012-02-01T08:52:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-01T08:52:43","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6613","title":{"rendered":"E.D.Tenn.: Stop and frisk can occur in front of one&#8217;s own home"},"content":{"rendered":"<p>Defendant was lawfully \u201cstopped\u201d after he stopped his car at his mother\u2019s house. There is no prohibition against a stop in front of defendant\u2019s own home, let alone his mother\u2019s. See <a href=\"http:\/\/scholar.google.com\/scholar_case?case=13205814332402734530&amp;q=O%E2%80%99Malley+v.+City+of+Flint&amp;hl=en&amp;as_sdt=2,4\">O\u2019Malley v. City of Flint<\/a>, 652 F.3d 662, 670 (6th Cir. 2011) (stop in defendant\u2019s own driveway); see also <a href=\"http:\/\/scholar.google.com\/scholar_case?case=16154880173928733211&amp;q=531+U.S.+326&amp;hl=en&amp;as_sdt=2,4\">Illinois v. McArthur<\/a>, 531 U.S. 326, 335 (2001) (arrest in defendant\u2019s own doorway). United States v. Wade, 2012 U.S. Dist. LEXIS 10498 (E.D. Tenn. January 30, 2012).*<\/p>\n<p>Defendant\u2019s parole search of his house was justified by reasonable suspicion where he was a shooting victim in his front yard and didn\u2019t cooperate in the investigation, had numerous violations before, and a gun box without the gun was found outside the house. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/092668np.pdf\">United States v. Lynch<\/a>, 459 Fed. Appx. 147 (3d Cir. 2012) (unpublished).*<\/p>\n<p>Defendant\u2019s parole officer got a telephone call from an anonymous CI that gave information that defendant was engaged in drug dealing from his apartment. There was limited predictive information, but, at the scene, the officers saw nothing that corroborated what the informant was saying. They knocked at his door, got no answer, and entered with a passkey. The motion to suppress was granted for lack of reasonable suspicion of criminal activity despite the CI\u2019s story. United States v. Perminter, 2012 U.S. Dist. LEXIS 10836 (W.D. Pa. January 30, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6613\">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-6613","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6613","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=6613"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6613\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6613"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6613"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6613"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}