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Criminal Law

: Fourth Amendment

LA2: Slightly overlong stop was not unlawful

By John Wesley Hall, Jr.

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The fact the stop was a little long and in violation of a statutory time limit did not void it nor make it unreasonable. State v. Sera, 2008 La. App. LEXIS 1375 (2d Cir. October 29, 2008).* Initial stop was valid because the vehicle drove past a patrol car without moving into the far lane and the vehicle was clocked over the posted speed limit. Although the search took nearly an hour until the contraband was discovered, probable cause that the vehicle contained contraband developed quickly and justified the continued detention and search. State v. Collins, 2008 La. App. LEXIS 1364 (1st Cir. October 29, 2008).* In a stop based on the same thing, involving a rental car, the DL was run and a warrant came back. While the defendant was arrested, a drug dog was run around the car and it alerted...continue to full post

Full post as published by Fourth Amendment on November 01, 2008 (boomark / email).

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