{"id":8765,"date":"2013-11-12T07:41:35","date_gmt":"2013-05-20T01:00:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-19T10:14:34","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8765","title":{"rendered":"TN: Erroneous dispatch report on LPN did not nullify consent during the stop"},"content":{"rendered":"<p>Defendant was stopped in his blue Buick because dispatch reported the license plate belonged to a red pickup truck. That was legal cause for the stop. During the stop, the officer always had defendants\u2019 DL in hand, and defendant consented to a search of the car. After the search, the officer learned that dispatch was mistaken, and the vehicle was lawfully registered. The consent search was still valid because the stop was valid, and the stop was not too long. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/elkinsjopn.pdf\">State v. Elkins<\/a>, 2013 Tenn. Crim. App. LEXIS 406 (May 16, 2013).<\/p>\n<p>Defendant\u2019s non-conditional plea was a waiver of the denial of the motion to suppress. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/124768.U.pdf\">United States v. Jackson<\/a>, 524 Fed. Appx. 44 (4th Cir. 2013).*<\/p>\n<p>There was reasonable suspicion to stop the defendant after a detailed call from a CI. When following him, he pulled over like he was trying to lose his tail. He took off again and went to an address known for drug dealing. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20130515\/3-173.pdf\">State v. Harrison<\/a>, 2013 Iowa App. LEXIS 524 (May 15, 2013).*<\/p>\n<p>Defendant was stopped in front of his house, and he was roaming around freely until the officers asked him for a frisk, which he objectively agreed to. <a href=\"http:\/\/www.iowacourts.gov\/court_of_appeals\/Recent_Opinions\/20130515\/3-307.pdf\">State v. Pierce<\/a>, 2013 Iowa App. LEXIS 541 (May 15, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8765\">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-8765","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8765","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=8765"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8765\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8765"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8765"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8765"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}