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D.Mont.: Defendant's volunteering information without a question added to the RS

By John Wesley Hall, Jr.

By the time defendant’s stop was completed and the papers were being handed back to him, the officer likely had reasonable suspicion, but then the defendant volunteered why he took the exit he was stopped at, which made no sense. There was reasonable suspicion for additional questioning. United States v. Roberts, 2011 U.S. Dist. LEXIS 28591 (D. Mont. March 16, 2011).* Defendant’s search warrant issue was litigated in the District Court before conviction, and counsel was not ineffective for not appealing it because it was clearly a losing issue. Brooks v. United States, 2011 U.S. Dist. LEXIS 28400 (S.D. W.Va. February 15, 2011).*

Full post as published by Fourth Amendment on March 23, 2011 (boomark / email).