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W.D.Ky.: Reckless driving arrest supported search incident

By John Wesley Hall, Jr.

Reckless driving arrest gave “unqualified” right in the officer to search defendant’s wallet under Robinson. The officer also had probable cause to search the vehicle for evidence of drug possession based on a story from a CI. [There was also a jurisdictional argument that was rejected on state law grounds without citing Virginia v. Moore since the case was in federal court.] United States v. Popplewell, 2010 U.S. Dist. LEXIS 46964 (W.D. Ky. May 12, 2010).* Defendants were dropped at a safe house for illegal aliens. While he spent the night, he did not show that he was an authorized guest of the host for Olson. United States v. Vasquez, 2010 U.S. Dist. LEXIS 47208 (C.D. Cal. March 29, 2010).* Defendant was arrested for alien smuggling in a hotel room that was not his and the hotel key he had on him did not work on the door, and a duffle bag was seized with him...continue to full post

Full post as published by Fourth Amendment on May 17, 2010 (boomark / email).