{"id":9837,"date":"2013-11-21T11:14:55","date_gmt":"2013-11-21T11:14:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-21T11:14:55","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9837","title":{"rendered":"W.D.Ky.: Stop at military base gate for DUI was with RS"},"content":{"rendered":"<p>Defendant was not unreasonably detained when he was stopped for suspicion of DUI when he attempted to enter a military base. MPs had to be called to the gate who could do a DUI investigation. United States v. Tataw, 2013 U.S. Dist. LEXIS 164826 (W.D. Ky. November 19, 2013).*<\/p>\n<p>Defendant did not show in his 2255 that his girlfriend did not actually consent to the search of the premises, so defense counsel was not ineffective. Penney v. United States, 2013 U.S. Dist. LEXIS 165019 (E.D. Tenn.  November 20, 2013).* [Implicit in the discussion to me is whether she had any authority whatsoever to consent, and apparently that wasn\u2019t pursued.]<\/p>\n<p>Defendant police officer was questioned about sexual molestation of a 15 year old girl. He was not in custody but he was told Garrity applied, up to his taking a polygraph, which wasn\u2019t. Then he admitted he was with the girl. <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=2022b80e-b776-4293-bb11-0271762083ac\">Lengsfeld v. State<\/a>, 2013 Ga. App. LEXIS 933 (November 18, 2013).* [Can a police officer actually say that he didn\u2019t know his Miranda rights?] <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9837\">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-9837","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9837","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=9837"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9837\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9837"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9837"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9837"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}