{"id":6649,"date":"2012-07-01T09:49:30","date_gmt":"2012-02-08T06:07:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-08T06:07:28","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6649","title":{"rendered":"CA4: Defendant&#8217;s request for cigarettes from his car led to valid plain view"},"content":{"rendered":"<p>During this stop with reasonable suspicion, the defendant wanted cigarettes and the officer was permitted to go into the car after them, seeing crack cocaine in plain view. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/114658.U.pdf\">United States v. Scott<\/a>, 463 Fed. Appx. 216 (4th Cir. 2012) (unpublished).*<\/p>\n<p>Defendant\u2019s claim that the government coerced him to provide the password to his cell phone has no support in the record at all. He was only asked his phone number when he was booked. United States v. Askew,  2011 U.S. Dist. LEXIS 152781 (W.D. Ky. December 2, 2011).*<\/p>\n<p>Officers had both reasonable suspicion for a stop and saw a traffic violation. Approaching the vehicle, the officer smelled fresh marijuana, and that was probable cause. United States v. Salcido-Guzman, 2011 U.S. Dist. LEXIS 152791 (W.D. Ky. October 28, 2011).*<\/p>\n<p>The officer\u2019s observation of defendant stopping nearly in the middle of an intersection and almost hitting mailboxes was reasonable suspicion for his stop. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2012\/2012-ohio-394.pdf\">State v. Napier<\/a>, 2012 Ohio 394, 2012 Ohio App. LEXIS 338 (9th Dist. February 6, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6649\">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-6649","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6649","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=6649"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6649\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6649"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6649"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6649"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}