{"id":8494,"date":"2013-10-05T08:31:48","date_gmt":"2013-03-17T08:27:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-17T08:27:08","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8494","title":{"rendered":"D.N.M.: Avoiding an immigration checkpoint, without more, doesn&#8217;t justify a stop"},"content":{"rendered":"<p>Avoidance of an immigration checkpoint by turning around was not illegal nor reasonable suspicion. Articulable facts for reasonable suspicion must also be present. Motion to suppress granted. United States v. Castro, 929 F. Supp. 2d 1140 (D. N.M. 2013).*<\/p>\n<p>Officers saw defendant 2-3 steps outside his front door, and they approached to arrest him. They announced who they were and came through a wrought iron gate. They didn\u2019t violate curtilage by entering the gate in the city, and defendant failed on that burden. They lacked, however, probable cause. But, defendant doesn\u2019t win his suppression motion because he can\u2019t show standing in the place the police entered. After a long discussion of what there was to show a reasonable expectation of privacy in the premises, the court concludes defendant fails on standing. United States v. Johnson, 2012 U.S. Dist. LEXIS 186865 (D. Nev. December 26, 2012).*<\/p>\n<p>The consent officers sought was limited to a cursory review, and then they went way beyond that thinking they had complete consent. They didn\u2019t, and the motion to suppress is granted. United States v. Canine, 2012 U.S. Dist. LEXIS 186867 (D. Ariz. July 2, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8494\">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-8494","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8494","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=8494"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8494\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8494"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8494"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8494"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}