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NC: Reasonable suspicion is required for a traffic stop

By John Wesley Hall, Jr.

At least reasonable suspicion is required for a traffic stop (surveying the cases). State v. Styles, 2008 N.C. LEXIS 685 (August 27, 2008). There was no apparent authority for an owner of premises to consent to a duffle bag of a guest. When she said it was somebody else's, the officers were on notice. Motion to suppress should have been granted. Evans v. State, 2008 Fla. App. LEXIS 13592 (Fla. App. 5DCA September 5, 2008): Authority cannot be inferred merely from ownership of the house when the searching officer knows the suitcase belongs to the defendant. Salinas-Cano, 959 F.2d at 865-66. When a third party informs the officer that a closed container belongs to another person, it is not objectively reasonable for the officer, without making further inquiry, to search the container...continue to full post

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