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E.D.Tenn.: Reopening suppression hearing on court's own motion discretionary

By John Wesley Hall, Jr.

Reopening a suppression hearing on the court's own motion is within the court's discretion, and defendant did not show prejudice from it. United States v. Stennis, 2009 U.S. Dist. LEXIS 53479 (E.D. Tenn. June 23, 2009).* The court finds credible the officer's statement that he smelled burnt marijuana when he stopped the defendant, and the government was not required to put physical evidence in at the hearing to support that. United States v. McCaster, 2009 U.S. Dist. LEXIS 53632 (N.D. Ohio June 24, 2009).* Defendant was following too close and RS developed. "Here, Applegate's reasonable suspicion of contraband in the Defendant's vehicle was based upon: (1) the Defendant's nervousness, (2) the overwhelming scent of air freshener in the car, (3) the fact the Defendant was an unauthorized driver of the rental car; (4) Defendant's contradictory statements about rental and whether his girlfriend rented the vehicle; (5) the quick sequence trip, and (6) the impossibility of renting the car two days ago...continue to full post

Full post as published by Fourth Amendment on June 28, 2009 (boomark / email).