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Open container justifies further search for open containers

By John Wesley Hall, Jr.

Open beer can in a Kansas traffic stop led two officers to conduct a search for other open containers, and that led to a search of a Crown Royal bag in the backseat [and just how would an open container be in the bag if it was not apparent that a bottle of Crown Royal was in it?] which produced drug paraphernalia. That gave PC for a further search of the vehicle which produced meth. Defendant's life sentence affirmed. United States v. Howton, 2008 U.S. App. LEXIS 1115, 2008 FED App. 0058N (6th Cir. January 16, 2008) (unpublished).* M.R.E. 317(a) on electronic surveillance in the Armed Forces does not incorporate state law on one party consent to a recording. So, a recording that may have violated Hawai'i law was not barred in a court martial...continue to full post

Full post as published by Fourth Amendment on January 22, 2008 (boomark / email).