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CA3: Possible forfeiture was basis for search of car

By John Wesley Hall, Jr.

Defendant’s vehicle seizure was with probable cause to believe that it was being used to transport drugs, so it was valid as vehicle search or in aid of forfeiture for transporting drugs. United States v. Hall, 2009 U.S. App. LEXIS 26369 (3d Cir. December 4, 2009) (unpublished)* (We don’t see many cases where the basis for the seizure is in aid of forfeiture. That almost always is a post hoc determination.) Defendant’s stop was valid under Terry for furtive behavior–driving from the scene of a reported crime with his lights off. United States v. Nadal, 2009 U.S. App. LEXIS 26636 (3d Cir. December 7, 2009) (unpublished).* During a traffic stop, defendant was ordered out of the car, and a gun was seen in plain view. The officer’s intent to search was not binding, so Gant had no application...continue to full post

Full post as published by Fourth Amendment on December 11, 2009 (boomark / email).