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CA1: Passenger's statement there was a compartment with drugs and a gun was PC for search

By John Wesley Hall, Jr.

A Mirandized coconspirator whispered to the officers that there was a “trap” (hidden compartment) in defendant’s car with drugs and a gun inside, and that made the search of the car valid under the automobile exception, even if it was searched elsewhere. United States v. Polanco, 2011 U.S. App. LEXIS 2411 (1st Cir. February 9, 2011).* The government presented three different traffic offenses justifying defendant’s stop, and none of them was sufficient, and the court would not remand for further factfinding. Motion to suppress should have been granted. United States v. Raney, 2011 U.S. App. LEXIS 2428 (5th Cir. February 9, 2011)*: At the suppression hearing, the government presented evidence to establish that Raney committed three traffic violations: (1) driving in the wrong lane of traffic, (2) disobeying an officer directing traffic, and (3) reckless driving...continue to full post

Full post as published by Fourth Amendment on February 12, 2011 (boomark / email).