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W.D.Mo.: Motion to reconsider on alternative ground to support search is kind of pointless

By John Wesley Hall, Jr.

Defendant’s motion to reconsider is denied. Factually, the USMJ was correct on the merits of this alternative ground to sustain the search, and it is, after all, an alternative ground. United States v. Baldenegro-Valdez, 2011 U.S. Dist. LEXIS 24446 (W.D. Mo. March 10, 2011).* Additional questions adding two minutes to the stop did not make it unreasonable. Defendant conceded that he was stopped validly and that he consented; he argued that the stop was unreasonably extended. United States v. McBride, 2011 U.S. App. LEXIS 4969 (7th Cir. March 14, 2011).*

Full post as published by Fourth Amendment on March 16, 2011 (boomark / email).