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WY: Past due rental agreement is a factor in RS; no duty in officer to call rental company

By John Wesley Hall, Jr.

A past due rental agreement on a car is a factor in reasonable suspicion, and the officer has no legal obligation to call the car rental company to verify the defendant’s assertion that it has been extended. Sutton v. State, 2009 WY 148, 2009 Wyo. LEXIS 166 (December 9, 2009). Detailed information of a likely DUI from an identified citizen informer did not have to be fully corroborated. The car was seen, followed for about two blocks, and the car weaved within the lane 4-5 times. While weaving within the lane alone would not be enough, it was when coupled with the CI’s report. State v. Van Dyke, 2009 UT App 369, 2009 Utah App. LEXIS 382 (December 10, 2009).* There was probable cause for defendant’s arrest, so his counsel could not have been ineffective for not challenging it...continue to full post

Full post as published by Fourth Amendment on December 16, 2009 (boomark / email).