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NC: Expired registration stop does not support SI under Gant

By John Wesley Hall, Jr.

Arrest for expired registration and lack of insurance cannot justify a search incident of the car's interior under Gant, in a case GVRed after Gant (reversing prior holding). State v. Carter, 2009 N.C. App. LEXIS 1574 (September 15, 2009), on remand from Carter v. North Carolina, 129 S. Ct. 2158, 173 L. Ed. 2d 1153 (U.S., 2009). Officer’s prior knowledge of the defendant’s heavy meth involvement was RS for a patdown when defendant was stopped. Boyd v. State, 2009 Ga. App. LEXIS 1120 (September 23, 2009).* Defendant had automatic standing under state law where it was alleged he was guilty of possession in the place searched. Commonwealth v. Ware, 2009 Mass. App. LEXIS 1162 (September 23, 2009).* Officer's doing a criminal history check during a traffic stop does not make the stop unreasonable...continue to full post

Full post as published by Fourth Amendment on September 26, 2009 (boomark / email).