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CA6: Visibly overweight and overwide truck was RS for stop

By John Wesley Hall, Jr.

Plaintiff’s truck was properly stopped and detained with reasonable suspicion that it was overloaded and overwidth just by observation by the officer. Reid Mach. Inc. v. Lanzer, 2010 U.S. App. LEXIS 23748, 2010 FED App. 0719N (6th Cir. November 18, 2010) (unpublished).* CI’s information provided probable cause for search of defendant’s car, so Gant did not apply. United States v. Soto, 2010 U.S. Dist. LEXIS 123213 (E.D. Wis. November 19, 2010).* As a passenger, defendant lacked standing to contest the search of the vehicle he was in. The officer was credited with the basis for the stop. United States v. Luckey, 2010 U.S. App. LEXIS 23779 (5th Cir. November 18, 2010) (unpublished).*

Full post as published by Fourth Amendment on November 25, 2010 (boomark / email).