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FL3: Handcuffing defendant who consented to search of his vehicle and then putting him in police car tainted his abandonment of cocaine in the police car

By John Wesley Hall, Jr.

After a valid traffic stop, defendant was asked if he would consent to a search of the car, which he agreed to. He was handcuffed and stuck in a police car during the search. While in there, he abandoned a bag of cocaine which was found after he was permitted to drive off. His detention was unreasonable and led to the abandonment. The 30 minute handcuffing for a consent search was unreasonable. Hidelgo v. State, 2009 Fla. App. LEXIS 20054 (Fla. App. 3d DCA December 23, 2009). As evidence to seize in a search warrant, “evidence of sexual abuse” was “inartful” but not so bad that seizure under the warrant should be suppressed. State v. Tolen, 2009 Mo. App. LEXIS 1813 (December 22, 2009).* Mere eye contact with the police is not a seizure...continue to full post

Full post as published by Fourth Amendment on December 29, 2009 (boomark / email).