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Frisk can occur with a traffic citation without arrest

By John Wesley Hall, Jr.

Officers had RS for a frisk associted with a traffic stop but before the frisk a bag of drugs fell out of the defendant's sleeve. Then, the search incident doctrine applied. United States v. Howard, 2008 U.S. Dist. LEXIS 68166 (N.D. W.Va. September 8, 2008).* Defendant had no standing in property searched adjacent to his own to claim fruit of the poisonous tree doctrine for his own search. United States v. Chandler, 2008 U.S. Dist. LEXIS 68310 (E.D. Ark. August 26, 2008): Furthermore, a defendant can prevail on a fruit of the poisonous tree claim only if he has standing regarding the violation which constitutes the poisonous tree. Here, Chandler concedes that he did not own the property searched, and he states that he had no authority or control over who accessed the property...continue to full post

Full post as published by Fourth Amendment on September 11, 2008 (boomark / email).