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N.D.N.Y.: Driving on to BOP grounds past a sign that said car was subject to search was consent; there as also RS

By John Wesley Hall, Jr.

Defendant drove on to the grounds of an FCI, and he acted suspicious. His stop was justified by reasonable suspicion. Also, the stop and search were justified by a 6' x 10' sign that warned defendant the vehicle was subject to search. United States v. Parker, 2009 U.S. Dist. LEXIS 69056 (N.D. N.Y. August 7, 2009).* Consent does not require notice to the accused that he can refuse consent. United States v. Vaghari, 2009 U.S. Dist. LEXIS 69019 (E.D. Pa. August 5, 2009).* The defendant was not stopped when an officer pulled up next to him while he was walking on the sidewalk and talked to him. United States v. West, 2009 U.S. Dist. LEXIS 69298 (D. Ariz. July 29, 2009): The officers initiated the encounter with Mr. West by stopping their patrol vehicle by the side of a public street, parallel to Mr...continue to full post

Full post as published by Fourth Amendment on August 12, 2009 (boomark / email).