{"id":7369,"date":"2013-02-23T11:49:34","date_gmt":"2012-06-30T09:05:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-30T09:05:41","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7369","title":{"rendered":"CA10: Looking into a parked car and walking away not reasonable suspicion"},"content":{"rendered":"

Defendant and a companion were seen by police peering into a car in a purported high crime area. When they saw the officer, they walked away. That was not flight, and it did not add up to reasonable suspicion. The “high crime area” claim was discounted, too, as ambiguous on this record. United States v. Dell<\/a>, 487 Fed. Appx. 440 (10th Cir. 2012) (2-1).<\/p>\n

State probation and parole in Las Vegas has its office in a police complex, and police decided to run the license numbers of all cars in the parking garage and search those that had a probation or parole condition. Defendant\u2019s car was searched without knowledge of his search condition, and a gun was found, and defendant was charged with FIPF. \u201cThe Government failed to prove by a preponderance of the evidence that the search of the car, conducted after the stop, was (1) based on a reasonable, particularized and objective basis for suspecting defendant of criminal activity, (2) based on the searching officer’s actual prior knowledge of defendant’s status as a supervisee, (3) properly narrowed in scope to fit the purpose of the investigatory stop, (4) consensual, or (5) justified for any other reason.\u201d United States v. Gray, 2012 U.S. Dist. LEXIS 88744 (D. Nev. March 27, 2012), reconsideration denied 2012 U.S. Dist. LEXIS 88750 (D. Nev. May 23, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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