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Criminal Law

: Fourth Amendment

AR: Codefendant's statement at scene corroborated CI

By John Wesley Hall, Jr.

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Defendant did not object to the cause of his stop on information from a CI, but he did to the patdown that produced nothing. Shortly thereafter, the police received information from his codefendant that he was hiding drugs in his buttocks, and that supported a further search for the drugs. Canada v. State, 2010 Ark. App. 510, 2010 Ark. App. LEXIS 548 (June 23, 2010), companion case Jackson v. State, 2010 Ark. App. 359, 2010 Ark. App. LEXIS 368 (April 28, 2010).* Defense counsel was not ineffective for not challenging the search of defendant’s car because there was probable cause for the search. Means v. State, 2010 Tenn. Crim. App. LEXIS 531 (June 21, 2010).* The search of defendant’s car was with probable cause he possess drugs, so Gant was not a bar to the search...continue to full post

Full post as published by Fourth Amendment on June 27, 2010 (boomark / email).

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