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S.D.Ga.: Flight after traffic stop was probable cause

By John Wesley Hall, Jr.

Defendant was stopped for following too close on an interstate highway, and, as the officer walked up to the car, defendant drove off and fled on foot when the vehicle as stopped. This was probable cause and exigent circumstances for a search of the car. Alternatively, the abandonment would have led to an inventory. United States v. Wright, 2010 U.S. Dist. LEXIS 131554 (S.D. Ga. November 5, 2010).* The Arkansas Motor Carrier Act provides sufficient protection to be a warrant substitute. United States v. Ruiz, 569 F.3d 355, 357 (8th Cir. 2009). The inspection of defendant’s truck would have been justified, and defendant consented to a more detailed search anyway. United States v. Harris, 2010 U.S. Dist. LEXIS 131209 (E.D. Ark. November 30, 2010)...continue to full post

Full post as published by Fourth Amendment on December 21, 2010 (boomark / email).