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CA6: Search of defendant's person during a felony stop was all without probable cause

By John Wesley Hall, Jr.

Officers received a tip that the car defendant was in had cocaine in it. They stopped the car and searched it finding nothing. Then they searched the defendant passenger finding drugs. The district court suppressed the search because the police justification of officer safety was belied by the fact they waited 45 minutes after the stop and searches of the car. There was no probable cause for the search of defendant’s person during the stop. United States v. Moore, 2010 U.S. App. LEXIS 16401, 2010 FEDD App. 0474N (6th Cir. August 5, 2010) (unpublished).* Officers were in defendant’s house for 50 minutes talking to him about child pornography on his computer, and that counseled in favor of consent. The district court credited that the officers warned him of his right to refuse consent...continue to full post

Full post as published by Fourth Amendment on August 10, 2010 (boomark / email).