{"id":9620,"date":"2013-11-12T07:21:19","date_gmt":"2013-10-19T00:28:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-18T23:39:43","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9620","title":{"rendered":"CA4: Totality supported frisk, particularly furtive movement of hand"},"content":{"rendered":"<p>The totality of the circumstances (six are given) supported a stop and frisk of defendant during a traffic stop in a high crime area at 3:30 am with four in the car. Most importantly was defendant\u2019s hiding his hands. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/125043.P.pdf\">United States v. George<\/a>, 732 F.3d 296 (4th Cir. 2013).<\/p>\n<p>\u201cIf a protective sweep occurred, it was not [factually] justified, but the other searches, or entries into the home, were based on valid consent. The government flatly states that nothing was taken or will be introduced into evidence that was taken from Smith&#8217;s home and Smith offered no evidence that any seizure occurred. The Motion to Suppress Evidence Because of Illegal Search and Seizure is denied because no illegal search was established and there is nothing to suppress.\u201d United States v. Smith, 2013 U.S. Dist. LEXIS 148791 (D. Ariz. October 16, 2013).*<\/p>\n<p>Defendant\u2019s guilty plea waived his claim that defense counsel didn\u2019t pursue a search claim. Dellere v. United States, 2013 U.S. Dist. LEXIS 148180 (N.D. Tex. July 3, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9620\">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-9620","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9620","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=9620"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9620\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}