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LA4: Defendant's encounter at the NOLA train station was consensual

By John Wesley Hall, Jr.

Defendant’s encounter with the police at the New Orleans Amtrak station was not a seizure under Bostick and Mendenhall. He admitted having marijuana on his person. State v. Spells, 2011 La. App. LEXIS 39 (4th Cir. January 19, 2011)*: Narcotics detective Harry Stovall of the New Orleans Police Department was working at that city's Union Passenger Terminal with Detective Raymond Delvalle of the Amtrak Police Department, checking passengers who were arriving in New Orleans by bus or train in order to determine whether they were in possession of illegal or dangerous substances. Det. Stovall explained that they approached individuals, explained what they were doing, and asked for their identification and ticket, as well as asking whether they would voluntarily consent to having their luggage searched...continue to full post

Full post as published by Fourth Amendment on January 26, 2011 (boomark / email).