{"id":9462,"date":"2013-10-17T11:20:15","date_gmt":"2013-09-19T08:01:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-19T08:01:40","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9462","title":{"rendered":"IN: Telling someone to sit down for control reasons is a stop requiring RS"},"content":{"rendered":"<p>Detention of men at a storage unit was without reasonable suspicion, and the search of the bag of one of them was unreasonable. Telling them to sit down was a stop that required reasonable suspicion. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/09171301SHD.pdf\">Clark v. State<\/a>, 994 N.E.2d 252 (Ind. 2013) <\/p>\n<p><!--more--><\/p>\n<blockquote><p>Thus, even if Sergeant McHenry did approach the three men in a calm manner and politely say &#8220;Hello, I would like to speak with you,&#8221; once he required the men to sit on the ground so he could respond more quickly to their movements\u2014once he employed his authority to control and restrict their freedom to depart\u2014the encounter moved past what would be considered &#8220;consensual.&#8221; No reasonable person would have believed they were free to simply get up and walk away under those circumstances. Cf. Woodson v. State, 960 N.E.2d 224, 227-28 (Ind. Ct. App. 2012) (encounter not consensual when officer handcuffed defendant for being loud and belligerent); Crabtree v. State, 762 N.E.2d 241, 244-46 (Ind. Ct. App. 2002) (encounter not consensual when officer responding to call of loud stereo saw defendant, had not observed illegal activity, but approached defendant with flashlight shining on him and ordered defendant to get his hands up\u2014even when direction to raise hands was for officer safety).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9462\">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-9462","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9462","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=9462"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9462\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9462"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}