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Criminal Law

: Fourth Amendment

IA: Rental car overdue by a month with unusual travel plans was RS

By John Wesley Hall, Jr.

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Defendant's 37 minute detention was justified by reasonable suspicion. The rental car he was driving was a month overdue. The defendant's travel plans also were suspicious. Defendant's consent to search including squeezing a large teddy bear. State v. Kruip, 2008 Iowa App. LEXIS 515 (July 30, 2008): The fact the rental agreement expired over a month earlier created a reasonable suspicion that that defendant was driving the car without the consent of Avis and that she may have illegally converted the car to her own use, justifying the officer's decision to take the time to contact Avis. The first call failed to verify defendant's claim she had Avis' permission to drive the car. The officer had not yet received the promised return call from the Minnesota office when he asked for consent to search the car...continue to full post

Full post as published by Fourth Amendment on August 08, 2008 (boomark / email).

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