{"id":7688,"date":"2012-09-11T14:13:02","date_gmt":"2012-09-10T05:53:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-10T05:53:11","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7688","title":{"rendered":"IL: Defendant was &#8220;stopped&#8221; for approaching a checkpoint too fast, and it was valid"},"content":{"rendered":"<p>Defendant likely would not have been stopped at a safety checkpoint, but he was approaching at an unsafe speed, and an officer shouted at him to slow down, and he stopped. Three to five minutes later, the officer approached the car after processing another, and he smelled alcohol on defendant\u2019s breath. The further detention was valid, and the trial court erred in suppressing. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2012\/3rdDistrict\/3110213.pdf\">People v. Clements<\/a>, 2012 Ill. App. LEXIS 734, 2012 IL App (3d) 110213 (September 5, 2012).*<\/p>\n<p>\u201cOfficer McCoy, using an application on his smartphone, read the defendant the Miranda warnings.\u201d United States v. Jones, 2012 U.S. Dist. LEXIS 127268 (N.D. Ohio September 7, 2012). [Not a Fourth Amendment case; I just hadn\u2019t heard of that yet. Sensing some importance here, I memorized the Miranda warning in law school, five years after it was decided. Every person in America with a television has heard it hundreds of times, thanks to pop culture. Cf. <a href=\"http:\/\/scholar.google.com\/scholar_case?case=12360733536043994298&amp;q=dickerson+united+states&amp;hl=en&amp;as_sdt=2,4\">Dickerson v. United States<\/a>, 530 U.S. 428 (2000). I imagine the only people who don&#8217;t know it after 46 years are the unarrested without television.]*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7688\">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-7688","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7688","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=7688"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7688\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7688"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7688"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7688"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}