{"id":9378,"date":"2013-10-29T22:45:26","date_gmt":"2013-09-01T06:52:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-01T06:52:08","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9378","title":{"rendered":"KY: Nervousness, questioning why officers asked about passengers, and refusal to consent doesn’t justify frisk"},"content":{"rendered":"

Defendant was stopped for littering and not using a turn signal. When he was stopped, he was nervous and his hands were shaking. One officer asked who was in the car with him, and he asked \u201cDoes it matter?\u201d The other officer described defendant as \u201cverbally belligerent\u201d when ordered out of the car, but didn\u2019t hear what was said. He refused consent. A patdown for weapons was unjustified, and the marijuana in defendant\u2019s pocket was suppressed. Frazier v. Commonwealth<\/a>, 406 S.W.3d 448 (Ky. 2013).<\/p>\n

Defendant had no standing in the place searched. While his DL showed that address, he conceded he lived elsewhere. Mackey v. Commonwealth<\/a>, 407 S.W.3d 554 (Ky. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-9378","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9378","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=9378"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9378\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9378"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9378"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}