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Criminal Law

: Fourth Amendment

CA4: DL checkpoint stop was valid

By John Wesley Hall, Jr.

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Defendant was stopped at a DL checkpoint, and he did not have one and appeared really nervous. He consented to a search of his person producing cocaine, and that led to a “limited protective search” of his car, which would have been valid under the automobile exception. United States v. Nixon, 2010 U.S. App. LEXIS 20414 (4th Cir. October 1, 2010) (unpublished).* The stop of defendant’s vehicle was valid because the police recognized the passenger and had a warrant for him. Defendant’s minor questioning while waiting for the paperwork to be verified led to an admission that the car was going to a drug deal, and that supported a search. United States v. Savath, 2010 U.S. App. LEXIS 20391 (9th Cir. October 1, 2010) (unpublished)...continue to full post

Full post as published by Fourth Amendment on October 09, 2010 (boomark / email).

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