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Criminal Law

: Fourth Amendment

Consents; RS; and other stuff

By John Wesley Hall, Jr.

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Stop was based on weaving, and questions asked of the defendant that had nothing to do with the stop did not unlawfully extend it. United States v. Hernandez, 2009 U.S. Dist. LEXIS 86309 (N.D. Tex. September 21, 2009).* The stop of the car defendant was a passenger in was justified, and he fled from the car and tossed a gun. United States v. Rodriguez-Aparicio, 2009 U.S. Dist. LEXIS 86710 (D. Nev. August 24, 2009).* Inspection of a tractor trailer was justified by RS and a dog sniff because of defendant’s contradictory answers about where he had been when he came through South Texas making many unusual stops and being unable to explain the stops. United States v. Rendon, 2009 U.S. Dist. LEXIS 86410 (M.D. Ala. July 9, 2009).* The search warrant for defendants’ premises for immigration fraud was based on probable cause and the search warrant for records was not open ended or general...continue to full post

Full post as published by Fourth Amendment on September 25, 2009 (boomark / email).

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