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FL4: 14 year old passenger who "assumed the position" on a traffic stop without being told did not validly consent

By John Wesley Hall, Jr.

A 14 year old passenger who got out of a car after stopping the driver for being under the influence "assumed the position" without being told to, so the officer frisked her. That was not a showing of true consent because of age and inexperience. E.J. v. State, 2010 Fla. App. LEXIS 11284 (4th DCA August 4, 2010). Detention from stop to arrest was less than 7 minutes, and it was reasonable in length. United States v. Benson, 2010 U.S. Dist. LEXIS 78472 (E.D. Tenn. June 18, 2010).* Defendant’s stop was valid because officers had reasonable suspicion, and, as the circumstances compounded, it got worse for the defendant. Seizure of drugs from the back of his SUV was based on plain view, and the officers were justified following defendant into the bathroom at Wendy’s and keeping him from flushing drugs...continue to full post

Full post as published by Fourth Amendment on August 07, 2010 (boomark / email).