{"id":9618,"date":"2013-10-18T23:22:32","date_gmt":"2013-10-19T00:11:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-18T23:22:32","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9618","title":{"rendered":"E.D.Va.: Frisk of known drug and gun user was reasonable"},"content":{"rendered":"

Defendant was subjected to a traffic stop, but the officers knew that defendant was a known user of drugs and guns and was wanted for that. The patdown was clearly justified. United States v. Mizzell, 2013 U.S. Dist. LEXIS 148401 (E.D. Va. October 15, 2013).*<\/p>\n

\u201c[C]ounsel’s strategic decision to forego a dubious fact-bound motion to suppress does not fall below the objective standard of reasonableness for competent counsel.\u201d Almost certainly the search was legal. Even if it wasn\u2019t, there would be no prejudice because of the quality of the prosecution\u2019s case. Georges v. United States, 2013 U.S. Dist. LEXIS 148957 (D. Me. June 11, 2013).*<\/p>\n

The record does not support defendant\u2019s contention that he was told he couldn\u2019t leave unless he consented. The court finds that the officer made no promises before the consent. United States v. Stewart, 2013 U.S. Dist. LEXIS 148744 (D. Vt. October 16, 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-9618","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9618","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=9618"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9618\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9618"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9618"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9618"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}