{"id":8774,"date":"2013-09-20T06:47:22","date_gmt":"2013-05-22T08:09:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-05-22T08:09:44","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8774","title":{"rendered":"LA: Where a search incident was legal, pulling up sagging pants was, too"},"content":{"rendered":"

Police saw defendant on a bicycle talking to somebody in a dark SUV. When they stopped, the SUV left, other people scattered, and defendant pedaled away. He was stopped because riding his bicycle on the sidewalk violated city code. His sagging pants were pulled up for a search incident, and a baggie of marijuana was revealed stuck in his sock. Pulling up his pants was legal. State v. Butler<\/a>, 117 So. 3d 87 (La. 2013).* [As a cop testified here: “When I see sagging pants, I can’t tell whether he’s holding up his pants, holding a gun, or holding his groin. It was a high crime area, so I thought gun.”]<\/p>\n

The search warrant affidavit here did in fact show a sufficient connection to defendant and a robbery murder for there to be probable cause. The victim\u2019s blood on his sock was admissible. Commonwealth v. Almonte<\/a>, 465 Mass. 224, 988 N.E.2d 415 (2013).*<\/p>\n

Defendant was standing next to his car with the door open into traffic with a 40 oz bottle in his hand. An unmarked car stopped. The officer had at least PC that defendant had an open container. When he saw it was the police, he made a furtive movement to his waist suggesting a gun. The office moved toward him, and he attempted to flee, getting only three steps before being tackled. His attempted frisk was valid. United States v. Terry<\/a>, 518 Fed. Appx. 125 (3d Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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