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CA9: Vehicle frisk for weapon included lockbox

By John Wesley Hall, Jr.

Defendant was not seized since he was not stopped by officers who got out of the car and walked up. His behavior became suspicious, and they had reasonable suspicion to frisk the car for a weapon under Long, including a lockbox. United States v. Wubbold, 2010 U.S. App. LEXIS 18401 (9th Cir. August 31, 2010) (unpublished). Defendant doctor indicted for death of patient by overprescribing consented to the search of his car, and that overcame both his and his wife’s interest in the car’s contents. United States v. Masih, 2010 U.S. Dist. LEXIS 91289 (N.D. W. Va. August 31, 2010).* In a knock-and-talk (by U.S. Forest Service officers, no less) there is “no meaningful distinction between a request to ‘look around’ and a request ‘to search...continue to full post

Full post as published by Fourth Amendment on September 06, 2010 (boomark / email).