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Criminal Law

: Fourth Amendment

Running passenger's name through NCIC did not unduly prolong stop

By John Wesley Hall, Jr.

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The driver was arrested for driving without a driver's license and the passenger asked to assume control of the car. The passenger's license was then run through NCIC and a warrant came up, and a search incident of passenger produced drugs in his shoe. The search was valid and the stop was not unduly prolonged by running the name through NCIC. State v. Sloane, 2008 N.J. LEXIS 22 (February 11, 2008). Officer had a face to face meeting with anonymous CI and the information was later corroborated, and that gave reasonable suspicion. State v. Micelotti, 2008 La. App. LEXIS 172 (5th Cir. February 6, 2008).* Firemen and officers obviously entered under exigent circumstances when they responded to a call about a fire on the premises. Commonwealth v...continue to full post

Full post as published by Fourth Amendment on February 12, 2008 (boomark / email).

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