{"id":9673,"date":"2013-10-28T09:15:56","date_gmt":"2013-10-28T09:15:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-10-28T09:15:09","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9673","title":{"rendered":"TN: 6 hr detention outside house to get SW not unreasonable"},"content":{"rendered":"<p>There was specific evidence for probable cause. Observations the police made driving onto defendant\u2019s property were visible to anyone coming in, and they were not protected. Defendant\u2019s detention outside the house for nearly six hours while the search warrant was prepared were reasonable under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=837525223284584585&amp;q=summers&amp;hl=en&amp;as_sdt=1002\">Summers<\/a>. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/roberson.pdf\">State v. Roberson<\/a>, 2013 Tenn. Crim. App. LEXIS 927 (October 24, 2013).<\/p>\n<p>There was probable cause to talk to defendant, so her consent was required, and her argument about revocation of consent is rejected. \u201c[*P20]  We agree that merely changing one&#8217;s mind about talking to an officer, walking away, or acting in an \u2018unusual\u2019 fashion would not justify a Terry stop or patdown. However, under the circumstances presented, we agree with the trial court&#8217;s conclusion that the officer was justified in detaining Johnson for further investigation, that Johnson&#8217;s detention did not violate his Fourth Amendment rights, and that the evidence need not have been suppressed.\u201d <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2013\/2013-ohio-4729.pdf\">State v. Johnson<\/a>, 2013-Ohio-4729, 2013 Ohio App. LEXIS 4940 (2d Dist. October 25, 2013).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9673\">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-9673","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9673","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=9673"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9673\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9673"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9673"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9673"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}