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CA8: Removing defendant's bag from Greyhound bus was a seizure

By John Wesley Hall, Jr.

Defendant's stop was not too long, and the district court erred in granting the motion to suppress. The length of the stop was added to by defendant's "confused answers" to basic questions. United States v. Rivera, 2009 U.S. App. LEXIS 14746 (8th Cir. July 6, 2009).* Removing defendant's bag from a Greyhound bus effectively seized him, relying on United States v. Va Lerie, 424 F.3d 694 (8th Cir. 2005) (en banc). United States v. Alvarez-Manzo, 2009 U.S. App. LEXIS 14854 (8th Cir. July 6, 2009).* Stop for speeding and then ordering defendant from his vehicle was reasonable. United States v. Anderson, 2009 U.S. Dist. LEXIS 57381 (E.D. Va. July 6, 2009).* Once the cat was out of the bag as to the officers' presence, a warrantless entry was permitted under Segura...continue to full post

Full post as published by Fourth Amendment on July 12, 2009 (boomark / email).