{"id":9186,"date":"2014-02-07T08:23:34","date_gmt":"2013-08-02T08:17:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-02T08:17:27","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9186","title":{"rendered":"CA4: Admission of possession of a firearm was reason for frisk; RS also present"},"content":{"rendered":"<p>Defendant\u2019s stop was based on following too close, and reasonable suspicion developed. \u201cAs the district court correctly observed, \u2018reluctantly-given consent is not necessarily involuntarily-given consent.\u2019 Indeed, pausing to think about whether to give consent suggests thoughtfulness, not coercion.\u201d <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/134029.U.pdf\">United States v. Brown<\/a>, 536 Fed. Appx. 376 (4th Cir. 2013).<\/p>\n<p>There was reasonable suspicion that defendant was armed for a frisk. Aside from reasonable suspicion, he admitted it. The frisk was reasonable United States v. Pagan, 2013 U.S. Dist. LEXIS 107092 (D. Conn. July 31, 2013).*<\/p>\n<p>Search warrants for two email accounts were issued, and the court finds there were false statements in support and the officer \u201cnot to be a credible witness\u201d who \u201cwas the most ill-prepared, unprofessional law enforcement witness this court has encountered.\u201d However, excising the information still left probable cause, and the warrant is sustained. United States v. Barthelman, 2013 U.S. Dist. LEXIS 107123 (D. Kan. July 31, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9186\">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-9186","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9186","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=9186"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9186\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9186"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}