{"id":7288,"date":"2012-11-22T11:53:57","date_gmt":"2012-06-13T09:26:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-13T09:26:21","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7288","title":{"rendered":"MO: High crime area, eye contact, furtive movement RS"},"content":{"rendered":"<p>Driving in a high crime area, eye contact with officer, and furtive movement like toward a gun was reasonable suspicion. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=54764\">State v. Norfolk<\/a>, 366 S.W.3d 528 (Mo. 2012).*<\/p>\n<p>The district court\u2019s verdict in a bench trial, inter alia, that subpoenaing records of cell phone calls was reasonable was affirmed on credibility of witnesses. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/11\/11-30692.0.wpd.pdf\">Cunningham v. Terrebonne Parish Consol. Gov&#8217;t<\/a>, 478 Fed. Appx. 230 (5th Cir. 2012).*<\/p>\n<p>\u201cWhile the fact that Whisnant did not understand he could refuse consent to search is a factor to consider in determining whether consent was voluntary, police do not have to inform an individual of his right to refuse to consent to a search. &#8230; Likewise, when requesting an individual&#8217;s consent to search a vehicle, police are not required to inform the individual that others could object to the search. Nor are police required to obtain the consent of all the occupants of a vehicle in order to search it. &#8230; In this case, the alleged consenter himself testified repeatedly that he consented to the search and never testified that he felt coerced into doing so by the factors cited by Collins or by any other factors. Accordingly, the district court did not clearly err in finding that Whisnant&#8217;s consent was valid.\u201d <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/12a0173p-06.pdf\">United States v. Collins<\/a>, 683 F.3d 697, 2012 FED App. 0173P (6th Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7288\">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-7288","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7288","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=7288"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7288\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7288"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7288"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7288"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}