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CA4: Hand-to-hand drug sales on the street where the defendant's car was for storage gave PC for search of the car

By John Wesley Hall, Jr.

Hand-to-hand probable drug sales in an open air drug market. The officer had reasonable suspicion to approach the defendant to ask questions. When approached, he tossed what proved to be heroin. Because he had walked back and forth to a car before this, this gave the officer probable cause to search the car for drugs. United States v. Johnson, 2010 U.S. App. LEXIS 6739 (4th Cir. April 1, 2010).* The officer pulled up next to a car parked too far from the curb, and the driver and occupants seemed startled when the saw the police. Defendant made furtive movements and acted like he was putting something in his waistband. This was in a high crime area known for shootings. The officer had reasonable suspicion to believe the defendant was concealing a weapon, so the stop of the defendant was reasonable...continue to full post

Full post as published by Fourth Amendment on April 05, 2010 (boomark / email).