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D.Kan.: Defendant's drug courier profile stop was invalid

By John Wesley Hall, Jr.

Buying a one-way bus ticket with cash going from Las Vegas to Des Moines was hardly reasonable suspicion. The defendant's encounter was without reasonable suspicion and his consent was not voluntary. [Essentially, the government confronts the defendant, gets him nervous, and then claims nervousness is a factor in reasonable suspicion. Defense counsel showed how consent was invalid.] United States v. Correa, 2010 U.S. Dist. LEXIS 114950 (D. Kan. October 27, 2010)*: The court finds that the encounter most resembles a Terry-type investigative detention and the government’s contention that it was consensual does not make it so. The facts on which the officers relied to single out the defendant for questioning do not furnish the reasonable, articulable grounds for suspicion of criminal activity required to justify the detention of the defendant...continue to full post

Full post as published by Fourth Amendment on November 01, 2010 (boomark / email).