Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

ID: Defendant's appearance and demeanor was RS

By John Wesley Hall, Jr.

Officer had reasonable suspicion of drug use, in part from the defendant's appearance and demeanor. State v. Grantham, 2008 Ida. App. LEXIS 136 (October 30, 2008)*: They appeared disheveled and unkempt, had pock-marked skin, were gaunt or underweight, and had missing or rotted-out teeth, characteristics which cumulatively are evidence of extended methamphetamine use. ... Wilkes was excessively nervous while speaking with Deputy Strangio, and unable to stop moving, which is also indicative of being under the influence of mehtamphetamine. Furthermore, Wilkes' demeanor changed visibly when asked whether there was methamphetamine in the car as compared to other drugs. While each of these reasons alone [*17] could appear innocent, all of Deputy Strangio's observations considered together, and including his training and experience, give rise to reasonable suspicion sufficient to expand the scope of the traffic stop...continue to full post

Full post as published by Fourth Amendment on November 07, 2008 (boomark / email).