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W.D.Tenn.: Giving DL back de-escalated stop, and consent there after was valid

By John Wesley Hall, Jr.

Officers saw 8-10 men congregated on a closed grocery store parking lot, and it was reasonable to approach them to see what was going on. The officer asked for defendant’s ID and gave it gave it back. That de-escalated the stop. Defendant finally consented to a search of his car, and it was not an involuntary consent. United States v. Tuggle, 2011 U.S. Dist. LEXIS 16874 (W.D. Tenn. February 18, 2011).* While pretextual stops violation Washington law, speeding through a residential neighborhood was sufficient basis for a stop. State v. Weber, 2011 Wash. App. LEXIS 319 (February 3, 2011).* The stop and search of defendant’s car was based on the fact it was apparent that he was doing counter surveillance for a vehicle carrying drugs...continue to full post

Full post as published by Fourth Amendment on February 24, 2011 (boomark / email).