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Criminal Law

: Fourth Amendment

MO: Stepping in front of defendant's bicycle saying "Kenny, you've got a warrant" is a stop; here with RS

By John Wesley Hall, Jr.

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Stepping in front of defendant’s bicycle saying that there was a warrant for his arrest was a stop. The officer remembered from reading a warrant list from the previous two weeks that defendant had a warrant. That was with reasonable suspicion. After the stop, the officer verified there was a warrant. (The “escape rule” did not apply where defendant failed to show for sentencing but then later did and was in custody for the appeal.) State v. Johnson, 2010 Mo. App. LEXIS 440 (April 13, 2010).* Defendant’s reaching movements inside the car was reasonable suspicion. O’Quinn v. State, 2010 Ga. App. LEXIS 383 (April 12, 2010).* Defendant’s rental car was eight days overdue. While checking the paperwork, the officer could run a dog around the car...continue to full post

Full post as published by Fourth Amendment on April 17, 2010 (boomark / email).

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