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Asking driver names of passengers and then asking passengers during a traffic stop was not unreasonable

By John Wesley Hall, Jr.

During a traffic stop, the officer did not act unreasonably in asking the names of the passengers and then separately asking the passengers their names. After that, the driver consented to a search of the car, and each of the persons in the car consented to a patdown. State v. Perry, 2008 Tenn. Crim. App. LEXIS 317 (April 28, 2008).* Affidavit for search of several residences was "bare bones" because there was almost nothing to show a nexus to them and crime. Other search warrants taking information from these searches and adding them to the master affidavit fared no better. These include taking saliva samples. As to one residence there was probable cause. United States v. Stearn, 2008 U.S. Dist. LEXIS 34149 (E.D. Pa. April 25, 2008).* Officer's search of a cardboard box did not exceed the scope of a prior private search...continue to full post

Full post as published by Fourth Amendment on April 29, 2008 (boomark / email).