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D.Utah: Two guys leaning in a car window talking was alone not RS

By John Wesley Hall, Jr.

Two guys standing at a car talking to the occupants was not reasonable suspicion. “The fact that Mr. Dell and his companion were standing on either side of the parked car, looking into the windows in a back-and-forth manner is not enough to give Officer Tafisi reasonable suspicion that they were engaged in criminal activity.” United States v. Dell, 2011 U.S. Dist. LEXIS 27426 (D. Utah March 15, 2011).* A knock-and-talk led to officers gaining access to a locked basement to the house where a grow operation was found. This was all by consent. United States v. Greene, 2011 U.S. Dist. LEXIS 27219 (E.D. Tenn. February 16, 2011).* Defendant was in custody in the back of a police car, and the officer went back to talk to him. “The Court finds that the statement, ‘What you’re looking for is lying on the front seat of the vehicle,’ to be effective consent to search the vehicle...continue to full post

Full post as published by Fourth Amendment on March 20, 2011 (boomark / email).