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N.D.Okla.: Misinformation, inconsistencies, and lack of memory about travel plans was essentially RS

By John Wesley Hall, Jr.

Misinformation, inconsistencies, and lack of memory about travel plans is a strong factor in reasonable suspicion. Slight weight may be given to lack of luggage and nervous behavior. Consent following the stop was valid. United States v. Pulido, 2011 U.S. Dist. LEXIS 10877 (N.D. Okla. February 3, 2011).* While dispatch told the officer that the driver of a car was possibly DUI and had expired tags, the expired tags alone were enough for the stop. United States v. Frashure, 2011 U.S. Dist. LEXIS 10851 (N.D. W.Va. January 20, 2011).* During the course of a traffic stop, marijuana was found where defendant was seated, and then the officers search further and found a gun. That was a legal search under the automobile exception. United States v...continue to full post

Full post as published by Fourth Amendment on February 09, 2011 (boomark / email).