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CA5: Passenger's detention was not related to search of the car, and passenger lacked standing

By John Wesley Hall, Jr.

The passenger in a car had no standing to challenge a search of the car, and the finding of drugs in the car was not a fruit of the seizure of the passenger. United States v. Pack, 2010 U.S. App. LEXIS 14562 (5th Cir. July 15, 2010). On the totality, the officer had reasonable suspicion to detain defendant in his rental car based on: inconsistent stories about their travel plans, the overwhelming smell of air freshener, cologne, or perfume coming from the inside of the car, and the increase in people transporting prescription drugs from Detroit to Kentucky. The USMJ credited three additional factors which the USDJ does not. Still, there was reasonable suspicion. The drug dog was not shown to be unreliable. United States v. Chapple, 2010 U.S...continue to full post

Full post as published by Fourth Amendment on July 20, 2010 (boomark / email).