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CA7: Automobile search was permissible of a car driven in an internet predator sting

By John Wesley Hall, Jr.

An automobile search was permissible of a car driven in an internet predator sting. The defendant did not have condoms, discussed in the chat sessions, on his person, but it was not determinative that they were not on his person. United States v. Zahursky, 2009 U.S. App. LEXIS 19635 (7th Cir. September 1, 2009): We conclude, however, that the record establishes that probable cause to search the vehicle existed even before the discovery that Zahursky didn't have any condoms or lubricant on his person. First, the agents knew that Zahursky was the man they wanted. He arrived at Starbucks, the designated meeting place, in the make and color of car that he had described in his chats with Shelly. He was wearing the clothing he had told Shelly he would be wearing, and the agents could observe that his physical appearance fit the one he had described to Shelly...continue to full post

Full post as published by Fourth Amendment on September 04, 2009 (boomark / email).