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Consent to search gas tank was voluntary

By John Wesley Hall, Jr.

Defendant granted consent to search his gas tank after officers found fresh tool marks on it and a fiber optic scope revealed something floating in it. United States v. Cardenas, 2008 U.S. Dist. LEXIS 88276 (W.D. La. October 17, 2008).* Defendant's driving in a high crime area indicated to officers that he was engaging in a drug deal, and that justified the stop. State v. Taylor, 2008 Ohio 5638, 2008 Ohio App. LEXIS 4747 (3d Dist. October 31, 2008): [*P11] We agree with the trial court's conclusion that the police officers had a reasonable, articulable suspicion that criminal activity was occurring when they approached Taylor to question him. The Grand Prix's unusual driving patterns, the exaggerated concern of its occupants with checking their surroundings, the decision of both drivers to park far from the store entrance, the fact that the occupants conducted some type of quick interaction, and their presence in a parking lot that was known to the police for a lot of drug activity justified further investigation.continue to full post

Full post as published by Fourth Amendment on November 04, 2008 (boomark / email).