{"id":9902,"date":"2013-12-03T08:45:05","date_gmt":"2013-12-03T08:45:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-12-03T08:45:05","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9902","title":{"rendered":"M.D.Fla.: Refusal to keep hands out of pockets during stop justified frisk"},"content":{"rendered":"

Defendant was stopped for riding a bicycle in the center of the road and at night without a headlight. Once stopped, he wouldn\u2019t keep his hands out of his pockets, and that justified a frisk. United States v. Barker, 2013 U.S. Dist. LEXIS 169728 (M.D. Fla. October 22, 2013).<\/p>\n

There was probable cause for the search warrant on the totality for cocaine and marijuana (although a really small amount). The court declines to engage in \u201ccontraband-balancing,\u201d and there is probable cause. United States v. Thurmond, 2013 U.S. Dist. LEXIS 169263 (N.D. Iowa November 27, 2013).*<\/p>\n

Defendant was \u201cstaying\u201d with a friend and kept belongings there, so he had standing. The entry was by consent and the plain view was valid. The ensuing search warrant was validly issued. United States v. Galvez, 2013 U.S. Dist. LEXIS 169678 (D. Neb. October 16, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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