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CA8: Denial defendant was in car just stopped was abandonment of REP in car

By John Wesley Hall, Jr.

Defendant was seen driving a distinctive yellow Monte Carlo known to belong to a PCP dealer. He stopped at a residence known for sale of PCP. Then he drove to another house and stopped for a half hour and drank a beer in the front yard. He drove off to a third location, and he pulled to the curb but failed to signal. The officer pulled up next to him as he got out of the car, and he denied getting out of the car he was driving, saying that he got out the car the yellow car was parked behind. The officer stopped him for drinking in public. [Great idea for a stop.] A gun was seen in plain view in the car, and his denial of being in the car was abandonment. United States v. Randolph, 2011 U.S. App. LEXIS 496 (8th Cir. January 11, 2011).* No clear error in the finding of consent...continue to full post

Full post as published by Fourth Amendment on January 13, 2011 (boomark / email).