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D.Neb.: Stop for weaving was unreasonable and consent suppressed

By John Wesley Hall, Jr.

Defendant was weaving slightly in his lane, and the court finds that there was no probable cause nor reasonable suspicion for his stop for impaired driving. Defendant’s consent thereafter was a product of this illegal stop, and it is suppressed. United States v. Magallanes, 2010 U.S. Dist. LEXIS 79272 (D. Neb. August 3, 2010).* A 10 year CI called to say that defendant was selling drugs from his SUV. Police set up surveillance and saw three apparent hand to hand transactions. They arrested him and drove his vehicle to the police station where a dog alerted and a search warrant was obtained. The removal of the car was with probable cause and was not unreasonable. The search warrant depended on nothing from the moving of the vehicle. Commonwealth v...continue to full post

Full post as published by Fourth Amendment on August 08, 2010 (boomark / email).