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Suspected drug overdose justified a search of purse

By John Wesley Hall, Jr.

Suspected drug overdose of a woman thrashing about on the floor of a restaurant justified a search of her purse when officers and EMTs arrived. Commonwealth v. McCarthy, 2008 Mass. App. LEXIS 443 (April 24, 2008). Defendant's stop and frisk was justified by reasonable suspicion on the totality of the circumstances, and the court of appeals erred in concluding otherwise. Commonwealth v. Marr, 2008 Ky. LEXIS 93 (April 24, 2008).* The totality of circumstances justified defendant's continued detention: he was stopped in front of a drug house, and somebody came and went from his truck, and he was excessively nervous when the officer tried to talk to him and acted evasive. Green v. State, 2008 Tex. App. LEXIS 2932 (Tex. App. — Waco April 23, 2008)...continue to full post

Full post as published by Fourth Amendment on April 27, 2008 (boomark / email).