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E.D.Cal.: Inconsistent statements on ownership was enough to let out the dog, 6 minutes into the stop

By John Wesley Hall, Jr.

Defendant’s stop for speeding was valid, and inconsistent statements about ownership of the car justified a six minute detention for a drug dog, which alerted and was probable cause for a search of the car. United States v. Guerrero, 2011 U.S. Dist. LEXIS 27668 (E.D. Cal. March 17, 2011).* Police called defendant’s PO with information allegedly received from defendant’s daughter than he had an AK-47 in the house, but it was represented as anonymous information. The PO and his supervisor decided to wait to see if the police obtained more information. Finally, they went to conduct the search. The court finds that it was without reasonable suspicion. United States v. Dono, 2011 U.S. Dist. LEXIS 27446 (E.D. Pa. March 17, 2011)...continue to full post

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