{"id":8731,"date":"2013-06-22T13:17:08","date_gmt":"2013-05-10T05:44:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-10T05:44:36","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8731","title":{"rendered":"AR: Def&#8217;s appearance and smell at sobriety checkpoint was RS for stop, admission PC for PBT"},"content":{"rendered":"<p>Defendant was stopped at a sobriety checkpoint. His watery, bloodshot eyes, and smell of alcohol was reasonable suspicion. His admission he had consumed alcohol earlier was probable cause for administering a PBT and then taking him in for a BAC test. <a href=\"http:\/\/opinions.aoc.arkansas.gov\/WebLink8\/0\/doc\/315832\/Electronic.aspx\">Fisher v. State<\/a>, 2013 Ark. App. 301, 2013 Ark. App. LEXIS 319 (May 8, 2013).*<\/p>\n<p>Officers observed defendant sell sawed off shotgun to a CI, and they got a search warrant for his garage and person. When they arrived and told him of the warrant, he volunteered where the gun was, and it was in his apartment, not the garage, and in plain view there. The search of the apartment was by his consent, and the record supports the trial court\u2019s finding of consent, not a false claim of authority. <a href=\"http:\/\/www.jud.state.ct.us\/external\/supapp\/Cases\/AROap\/AP142\/142AP337.pdf\">State v. Santiago<\/a>, 142 Conn. App. 582, 64 A.3d 832 (2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8731\">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-8731","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8731","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=8731"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8731\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8731"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8731"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8731"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}