{"id":8746,"date":"2013-06-26T06:42:00","date_gmt":"2013-05-14T08:08:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-14T08:08:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8746","title":{"rendered":"SD: When reason for stop dispelled, officer doesn&#8217;t have to leave without contacting motorist"},"content":{"rendered":"<p>The stop was based on not being able to see the LPN, but the officer could by the time he got out of the car. While the reason for the stop was dispelled, it would be impractical to require the officer to turn on his heel and go back to his patrol car and drive away without talking to the motorist to at least tell him what\u2019s going on. When he got to the window, he saw an open container, and within seconds developed reasonable suspicion defendant was under the influence. The trial court erred in granting the motion to suppress. <a href=\"http:\/\/www.sdjudicial.com\/Uploads\/opinions\/26393.pdf\">State v. Amick<\/a>, 2013 SD 37, 831 N.W.2d 59 (2013).<\/p>\n<p>Cotenant\u2019s third-party consent was valid. United States v. Ortiz, 2013 U.S. Dist. LEXIS 67020 (S.D.N.Y. May 8, 2013).*<\/p>\n<p>The Ohio legislature dictates that a meth lab is exigent circumstances for a search. Reading that statute and others together, the court concludes a meth lab fire supports a conviction for aggravated arson. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2013\/2013-ohio-1894.pdf\">State v. Grasso<\/a>, 2013 Ohio 1894, 2013 Ohio App. LEXIS 1782 (8th Dist. May 9, 2013).<\/p>\n<p>Defendant was detained too far from the place of search for the arrest to be valid, but he threw his drugs away, and the abandonment supports the conviction. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2013\/2013-ohio-1889.pdf\">State v. Cruz<\/a>, 2013 Ohio 1889, 2013 Ohio App. LEXIS 1774 (8th Dist. May 9, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8746\">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-8746","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8746","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=8746"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8746\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8746"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8746"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8746"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}